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STATE v. SOUTHERN RAILWAY COMPANY

No. 457.

118 S.E.2d 21 (1961)

254 N.C. 73

STATE of North Carolina ex rel. UTILITIES COMMISSION, and State of North Carolina, City of Durham, a municipal corporation, Duke University, Erwin Mills, Incorporated, County of Durham, Liggett & Myers Tobacco Company, Mrs. Mary Trent Semans, the Durham Chamber of Commerce, the American Tobacco Company, Research Triangle Institute, the Durham Merchants Association, Intervenors, v. SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

February 3, 1961.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. F. Kent Burns, for the State.

Claude V. Jones, Durham, for City of Durham, appellee.

E. C. Bryson, Durham, for Duke University, appellee.

R. P. Reade, Durham, for County of Durham, appellee.

A. H. Graham, Jr., Durham, for Erwin Mills, Inc., and Liggett & Myers Tobacco Co., appellees.

E. C. Brooks, Jr., Durham, for Mrs. Mary Trent Semans and the Durham Merchants Ass'n, appellees.

Victor S. Bryant, Durham, for the Durham Chamber of Commerce and American Tobacco Co., appellees.

Victor S. Bryant, Jr., Durham, for Research Triangle Institute, appellee.

Joyner & Howison, Raleigh, Arthur J. Dixon and Earl E. Eisenhart, Washington, D. C., for defendant, appellant.

BOBBITT, Justice.

Under G.S. § 62-39, the Commission has power to require all transportation companies "to establish and maintain all such public service facilities and conveniences as may be reasonable and just." Also, see G.S. §§ 62-30, 62-37, 62-46, 62-48 and 62-74.

A 1933 Statute, Public Laws of 1933, c. 307, § 32, now codified as G.S. § 62-96, provides: "Upon finding that public convenience and necessity are no longer served,...

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