Appeal
from Superior Court, Wayne County; Webb, Judge.
Action
by Charles Dewey and others, on behalf of themselves and
other citizens of Goldsboro, against the Atlantic Coast Line
and others. From a judgment in favor of defendants
plaintiffs appeal. Affirmed.
The
location of a union depot at the terminus of an important and
much frequented street, 210 feet from the corporate line
within four blocks of the former depot in the city, and
within the police jurisdiction of the city, the location
being ordered by the corporation, will not be restrained
because of its being beyond the city limits.
Motion
to dissolve a restraining order, heard before Webb, Judge, at
May term, 1906, superior court of Wayne county. Defendants
the Atlantic Coast Line, Atlantic & N.C. Railroad, and
Southern Railway, intending to carry out an order of the
corporate commission directing that they establish and
maintain a union passenger depot at the terminus of Walnut
street, about 210 feet from the western boundary of the city
of Goldsboro, and within the police jurisdiction of the same
were stayed by temporary restraining order, issued in the
cause at the instance of plaintiffs. The material facts
connected with the order of the corporation commission in the
premises are as follows: "For many years the city of
Goldsboro and its citizens and the traveling public generally
have been insisting upon the erection and maintenance of a
union passenger station at Goldsboro, N.C. Pursuant to this
sentiment, the city of Goldsboro, on July 5, 1905, passed the
following resolutions: 'Goldsboro, N. C., July 5, 1905.
The following preamble and resolutions were adopted by the
board of aldermen of the city of Goldsboro at a regular
session of said board on July 3, 1905: Whereas, the city of
Goldsboro is the terminus of three
railroads, and the most important way station of a fourth
railway, and whereas, all of said railroads do a large
passenger traffic in said city; and whereas, said railroads
have provided absolutely no shelter for passengers entering
or leaving their trains; and whereas, the waiting and baggage
rooms are not of sufficient size to supply their intended
purposes, and are not up to date in their
appointments--therefore, be it resolved by the board of
aldermen of the city of Goldsboro, that the corporation
commission of this state be requested to take speedy action
to cause the erection of a proper passenger depot in said
city. Resolved further, that the clerk of this board transmit
a copy of these resolutions, attested by the seal of the
city, to said corporation commission. [ Signed] D. J.
Broadhurst, Clerk. [ Seal.]' Which said resolutions were
laid before the North Carolina corporation commission; that
in pursuance of said resolutions, the North Carolina
corporation commission gave notice that it would hear the
petition of the city of Goldsboro at Goldsboro January 4,
1906, and thereupon the city of Goldsboro, through its board
of aldermen, adopted the following resolutions:
'Goldsboro, N. C., December 20, 1905. The following
preamble and resolutions were adopted at a meeting of the
board of aldermen of this city, held this day, to wit:
Whereas, the North Carolina corporation commission has given
official notice that the petition of this board for the
erection of a proper passenger depot in this city has been
set for hearing at this place on Thursday, January 4, 1906,
therefore, be it resolved by the board of aldermen of the
city of Goldsboro that in behalf of the citizens we thank the
commission for their response to our petition, we urge them
to require speedy action in giving relief to a long-suffering
public, and we express no choice as to the location of the
said depot; being willing to abide by the action of the
commission, which represents the traveling public no less
than the citizens of Goldsboro. Resolved further, that a copy
of these resolutions be furnished the commission upon their
visit here on the 4th of January, 1906. [ Signed] D. J.
Broadhurst, City Clerk.' That upon said hearing at
Goldsboro on January 4, 1906, the said railroads moved the
commission to continue the proceedings ninety days, in order
that they might confer and choose some available site. That
on April 3, 1906, the railroad companies reported to the
corporation commission that they had agreed upon the location
of said union passenger station, and accompanied their report
with a blueprint showing tracks connected therewith. That
said site selected was at the foot of Walnut street, about
four blocks from the present stopping place of the trains of
said railroads. That thereupon all the plaintiffs filed
exceptions to said report, alleging as ground therefor that
such location would greatly inconvenience the citizens of
Goldsboro and the traveling public, and work irreparable
damage to a large proportion of the property owners of the
city of Goldsboro. That thereupon, to wit, on the 3d day of
May, 1906, at Goldsboro, after due notice to the city of
Goldsboro, to the railroads, and to the parties excepting,
the North Carolina corporation commission gave a full hearing
to all parties, petitioners, and exceptors. That at said
hearing the plaintiffs herein were represented by W. T.
Dortch, Esq., and appeared in person, and a number of them
were examined as witnesses. That the Hon. George Hood, mayor
of the city of Goldsboro, stated that the site agreed upon,
or any other that would be acceptable to the corporation
commission, would be satisfactory to the city of Goldsboro.
That after a full hearing of said matters, the corporation
commission found the following facts, to wit: 'That the
location agreed upon is accessible and available for each of
the three railway companies. That it is within four blocks of
the site used at present by the said railway companies, and
that the grounds are sufficient and ample for the
construction of waiting sheds and buildings necessary for the
convenience, comfort, and protection of the traveling public,
and this location will promote the convenience of the
traveling public. That there is constant and increasing
danger resulting from the operations of the trains on Center
street, and that will, to a great extent, be removed by
adopting the proposed site'; and thereupon the North
Carolina corporation commission ordered that the union
passenger station be located at the terminus of Walnut
street, Goldsboro, being the site proposed by the defendant
railroad companies. That in obedience to this order of the
North Carolina corporation commission, and for no other
purpose, and with a motive to subserve the public in the best
possible way, and in obedience to law, the said railroad
companies were at the beginning of this action taking steps
to construct tracks leading to the said proposed union
passenger station."
No
appeal was taken from this order of the corporation
commission, but on May 7, 1906, the board of aldermen of the
city of Goldsboro, by a vote of five to four, passed a
resolution of protest against the proposed location on the
site selected. The four minority members filed a dissent, and
adhered to the original resolution of the board. Defendants
as stated, were preparing to carry out the order of the
commission, when plaintiffs, for themselves and all other
citizens of Goldsboro who would make themselves parties,
instituted the present suit, claiming that the order of the
commission and the action of defendants thereunder were
without warrant of law; that the three railroads heretofore
and for many years had their tracks and operated their trains
along Center
street of the city of Goldsboro, and this is the location of
all the defendant roads in and through the city of Goldsboro;
and they have also for many years past had and used a joint
ticket office and waiting room rented for the purpose in a
building on Center street, near the hotel Kenon in said town.
The interest of some of the plaintiffs in property claimed to
be...
