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A.C.L. RAILROAD CO. v. S.C. PUB. SERV. COMM.

18401

246 S.C. 447 (1965)

144 S.E.2d 212

ATLANTIC COAST LINE RAILROAD COMPANY et al., Appellants, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION et al., Respondents.

Supreme Court of South Carolina.

September 22, 1965.

Attorney(s) appearing for the Case

Messrs. David E. Wells, of Jacksonville, Florida, McKay, McKay, Black & Walker and N. Heyward Clarkson, of Columbia, Wilcox, Hardee, Houck & Palmer, of Florence, Donal L. Turkal, of Richmond, Virginia, and L. Marion Gressette, of St. Matthews, for Appellants.

Messrs. Daniel R. McLeod, Attorney General, and Harry M. Lightsey, Jr., Assistant Attorney General, for Defendant-Respondent, South Carolina Public Service Commission.

Messrs. Robinson, McFadden & Moore, of Columbia, J.D. Parler, of St. George, Marshall B. Williams, of Orangeburg, and Earl E. Eisenhart, Jr., of Washington, D.C., for Southern Railway System, Defendant-Respondent.

Messrs. David E. Wells, of Jacksonville, Florida, McKay, McKay, Black & Walker, and N. Heyward Clarkson, of Columbia, Wilcox, Hardee, Houck & Palmer, of Florence, Donal L. Turkal, of Richmond, Virginia, and L. Marion Gressette, of St. Matthews, for Appellants, in Reply.

September 22, 1965.

TAYLOR, Chief Justice.

This is an appeal from a Decree of the Court of Common Pleas for Orangeburg County refusing to set aside and vacate an Order of the Public Service Commission of South Carolina which permits the Southern Railway to publish freight rates for intrastate transportation of sand, gravel and crushed stone in open top articulated cars between designated points on the Southern Railway...

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