SOUTHERN RAILWAY COMPANY v. COMMONWEALTH


147 S.E.2d 72 (1966)

206 Va. 831

SOUTHERN RAILWAY COMPANY v. COMMONWEALTH of Virginia at the relation of D. B. FUGATE, State Highway Commissioner.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 25, 1966.


Attorney(s) appearing for the Case

H. Merrill Pasco, Richmond (Jack Spain, Jr., Richmond, W. Graham Claytor, William H. Allen, Washington, D.C., Hunton, Williams, Gay, Powell & Gibson, Richmond, Covington & Burling, Washington, D.C., on the brief), for appellant.

John J. Wicker, Jr., special counsel, Paul D. Stotts, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Wicker, Baker & Goddin, Richmond, on the brief), for appellee.

John F. Kay, Jr., Richmond, Martin P. Burks, Roanoke, Urchie B. Ellis, Robert E. Northup, Richmond, amici curiae on the brief, for Atlantic Coast Line R. Co., Norfolk & Western Ry. Co., Richmond, Fredericksburg & Potomac R. Co. and Seaboard Air Line R. Co.

Before EGGLESTON, C.J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


EGGLESTON, Chief Justice.

Pursuant to Code, § 56-366.1 (Repl. Vol. 1959), the State Highway Commissioner filed with the State Corporation Commission a petition against the Southern Railway Company for the determination of the necessity for the construction of an overpass at a crossing of the tracks of the Railway Company and State Highway No. 617 in Fairfax county, whether the proposed plans and specifications therefor are proper and appropriate, and what proportion...

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