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STATE v. ABERDEEN AND ROCK FISH RAILROAD COMPANY

No. 167.

117 S.E.2d 277 (1960)

253 N.C. 442

STATE of North Carolina ex rel. UTILITIES COMMISSION v. ABERDEEN AND ROCK FISH RAILROAD COMPANY, Atlantic Coast Line Railroad Company, Seaboard Air Line Railroad Company, Norfolk Southern Railway Company, and Southern Railway Company, and Motor Carriers of Petroleum and Petroleum Products in Tank Trucks, Members of the North Carolina Motor Carriers Association, J. T. Outlaw, Agent, and the City of Wilmington, North Carolina.

Supreme Court of North Carolina.

November 30, 1960.

Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., F. Kent Burns, Asst. Atty. Gen., for the North Carolina Utilities Commission, appellant.

Donal L. Turkal, Richmond, for Seaboard Air Line R. Co., appellee.

James A. Bistline, Washington, D. C., for Southern Railway System, appellee.

R. B. Gwathmey, Albert B. Russ, Jr., David E. Wells, Wilmington, for Atlantic Coast Line R. Co., appellee.

Simms & Simms, Raleigh, for appellees.

Allen & Hipp, by Edward B. Hipp, Raleigh, for North Carolina Motor Carriers Ass'n, appellee.

James B. Swails, Cicero P. Yow, Wilmington, for City of Wilmington, appellee.

HIGGINS, Justice.

The questions of fact and principles of law involved in this proceeding are in substance the same as those discussed in the companion case, State ex rel. Utilities Commission v. North Carolina Motor Carriers Association et al., N.C., 117 S.E.2d 271. The railroads contended, however, the proviso at the end of G.S. § 62-31 gives the railroads the right to reduce rates either directly or by change in classification...

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