North Carolina Utilities Commission v. Atlantic Coast Line R. Co.

• Decision Date: 12 January 1944
• Docket Number: 238.
• Citation: 28 S.E.2d 490,223 N.C. 840
• Parties: NORTH CAROLINA UTILITIES COMMISSION v. ATLANTIC COAST LINE R. CO. et al. (TOWN OF JONESBORO et al., Interveners).
• Court: North Carolina Supreme Court

28 S.E.2d 490

223 N.C. 840

NORTH CAROLINA UTILITIES COMMISSION v. ATLANTIC COAST LINE R. CO. et al. (TOWN OF JONESBORO et al., Interveners).

No. 238.

Supreme Court of North Carolina

January 12, 1944

Proceeding before the North Carolina Utilities Commission.

The Atlantic Coast Line Railroad Company filed a petition with the North Carolina Utilities Commission for permission to close the agency at Jonesboro, N. C. The Western Union Telegraph Company filed a similar petition and agreed to be bound by the rulings of the Commission on the petition of the railroad.

At the hearing before the Utilities Commission on August 18 1943, permission for the Town of Jonesboro and others to intervene was granted, and the answer and interplea of the interveners were filed and made a part of the record in the proceeding.

Evidence was introduced by the Railroad Company in support of its petition and by the interveners, as shippers and receivers of freight, protesting the closing of the agency.

The Utilities Commission issued an order on October 16, 1943 authorizing the Atlantic Coast Line Railroad Company and the Western Union Telegraph Company to close their agencies at Jonesboro. The interveners, in apt time, filed exceptions which exceptions were overruled by the Commission on October 27, 1943. The interveners appealed and the record of the proceedings before the North Carolina Utilities Commission was duly certified to the Superior Court of Lee County, as provided by law.

On November 3, 1943, the interveners made a motion before his Honor, Williams, J., holding the Courts of the Fourth Judicial District, requesting an order of supersedeas. The motion was granted and the order signed.

The Atlantic Coast Line Railroad Company, pursuant to notice moved before his Honor, Williams, J., at Chambers, November, 20, 1943, to set aside the order of supersedeas entered on November 3, 1943, and to dismiss the appeal of the interveners. Motion denied. From the refusal of his Honor to dismiss the appeal, the defendants, Atlantic Coast Line Railroad Company and the Western Union Telegraph Company, excepted and appealed to the Supreme Court.

Thos. W. Davis, of Wilmington, Rose, Lyon & Rose, of Fayetteville, Murray Allen, of Raleigh, and Teague & Williams, of Sanford, for Atlantic Coast Line R. Co., and Western Union Telegraph Co., appellants.

J. G. Edwards and K. R. Hoyle, both of Sanford, for Town of Jonesboro, et al., interveners, appellees.

DENNY Justice.

The intervening appellees move to dismiss this...