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STATE v. SOUTHERN RAILWAY COMPANY

No. 593.

124 S.E.2d 510 (1962)

256 N.C. 359

STATE of North Carolina ex rel. UTILITIES COMMISSION v. SOUTHERN RAILWAY COMPANY and Carolina & Northwestern Railway Company.

Supreme Court of North Carolina.

February 28, 1962.

Attorney(s) appearing for the Case

Joyner, Howison & Mitchell, Raleigh, James A. Bistline, Washington, D. C., for appellants Southern and Carolina and Northwestern R. Co.

J. Knox Walker, J. V. Morgan, High Point, F. C. Hillyer, Jacksonville, Fla., for complainant appellees.

James B. Lovelace, High Point, for appellee High Point, Thomasville & Denton R. Co.

DENNY, Justice.

The Interstate Commerce Commission (hereinafter referred to as ICC), on 28 September 1961, found upon the evidence adduced in the hearing before it, which evidence was admitted by agreement in the hearing before the Commission, that the "defendants' refusal to perform switching service at their interchange in High Point, N. C., is, and for the future will be, unjust and unreasonable; and that defendants' practice of performing reciprocal switching...

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