1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 148 S.E.2d
  5. 148 S.E.2d 210 (1966)
 

STATE v. SOUTHERN RAILWAY COMPANY

No. 537.

148 S.E.2d 210 (1966)

267 N.C. 317

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION et al. v. The SOUTHERN RAILWAY COMPANY et al.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

Joyner & Howison, by W. T. Joyner, Jr., Maupin, Taylor & Ellis, by Frank W. Bullock, Jr., Simms & Simms, by R. N. Simms, Jr., Raleigh, for defendant appellants, Henry J. Karison, Washington, D. C., Southern Railway System, Charles B. Evans, Jacksonville, Fla., Atlantic Coast Line Railroad Co., James L. Howe, III, Va., Richmond, Seaboard Air Line Railroad Co., of counsel.

Thomas Wade Bruton, Atty. Gen., George A. Goodwin, Asst. Atty. Gen., for North Carolina Department of Agriculture.

Edward B. Hipp, Raleigh, for North Carolina Utilities Commission.

Cicero P. Yow, City Atty., Wilmington, by Edward B. Hipp, Raleigh, for City of Wilmington.

Bryant, Lipton, Bryant & Battle, by Victor S. Bryant, Durham, for protestant, The American Tobacco Co.

Boyce, Lake & Burns, by F. Kent Burns, Raleigh, for F. S. Royster Guano Co., Smith-Douglass Co., Inc., W. R. Grace & Co., V-C Chemical Co., Carolina Nitrogen Co., and Heide Warehouse Co.

Albert W. Kennon, Durham, for protestant appellee, Wm. Muirhead Construction Co., Inc.

PLESS, Justice.

In determining this appeal the railroads are confronted with the statutes and decisions of the Court, which provide that the burden of proving the justification for increased rates is on them. They are required, too, to show that the proposed rate is just and reasonable. "G.S. § 62-75. BURDEN OF PROOF.—In all proceedings instituted by the Commission for the purpose of investigating any rate, service, classification, rule, regulation or...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases