The news & observer., 1905-12-13
Supreme Court UphoIds
Corporation Commission.
DIGEsTS OF OPINION S
Twenty Two Cases Decided. New TriaI
Given in Crenshaw Damage Suit
Against Ashevil!e Car Company
in Which There Wos a Ver-
dict for $4,000.

The Supreme Court yesterday hand
cd down decisions in twenty-five ap-
peals, in fifteen of which opinions
were filed, the other cases being dis
posed of per curiam or dismissed
under rules of the court.
The one opinion Of State import
ance was that Of Corporation Com
mission VS. the Seaboard Air Line
Railroad, i'll which the right of the
commission to require sdetracks to
be established for the use Of domestic
corporations under section Is Of the
act was upheld.
The interesting case OF Crensha%
VS.. Street Railway from BuncomDe
went eff with a new trial for the dc-
fense on the ground of newly discOv
cred testimony, the court filing it's
opinion per Curam and without dis
cuSSion as is the rule in new trials
granted on the ground of new evil
dence. AS reported in these columns
the newly discovered evidence alleged
in the affidaVits was that the princi-
pie witness who testified for the
plaintiff as having been an eye wit
ness of the accident, was - reality
nowhere near the scene. The plan IL
who became frightened at the a.p-
proach of a car upon wagon from
which she was purchasing fruit, the
mule attached to which had COM
menced to ''cut up as the car ap<
peared. She became flustered ana
ran into the car, which had slowed
down and was drawn under the
wheels and both feet SO crushed that
they had to be amputated. On the
trail in the Superior Court there was
a verdict for the plaintiff and the jury
awarded damages in the sum of
$4,000.
Owing to lack of space only por-
ton of the digests of yesterdays opin-
ion are reported today; the remainder
will be published tomorrow.
Digests of certain cases follow:
State ex rel, n. {. Corporation Com
mission on Petition Of the Round
Pine Lumber Company vs.. Seaboard
Air Line Railway Company, Appel
liant. From Wake, Affirmed.
The Coz Doration Commission. acting
under authority o. sub-head is, of the
act authorizing it to require the es-
tablishment OF sido tracks for indus
trial plants ordered Gne defendant to
Put IN :. side track fo- the use of the
Round Pine Lumber Company mile
and g quarter North of MCrIy Oaks on
defendants line. the lumber Com
pany agreeing to prepare the grade
for such siding, 20 furnish crosstles
and to light the switch lamp during
the continuance of the siding. The
Commission found that 20,000,OOO feet
Of lumber would be shipped from such
siding st = revenue OF not less tnan
$4,000 to the railroad and that the
cost of construction would not amount
to more than 5000. On appeal to the
Superior Court the grounds were that
the ordc~ Wce unjust and unreasOn-
able; that it would entail unnecessary
cost on the defendant; want of power
in the Commission 70 make the order
and that the establishment of the sid
ing would Increase the hazard of the
defendant IN operating its road. The
issues as 20 The rcaSOnablenoSS of the
order. the profit 30 the railroad and
the necessity for the siding were found
with the plaintiff. There was no issue
rendered or instruction prayed 10 the
question of increased hazard. which
was argued to the jury as a matter OF
fact arising from the evidence.
Held: I. The power e the Cen
aral Assembly to establish Commits
sion to supervise and regulate the
rates and operations OF quasi-corpor-
ations exercising public franchises be-
ing conceded. q provision empowering
such commission to establish side
tracks Of not more than 500 feet IN
length when It is shown that the pro-
Dortion of such revenue accruing to
such side track will be sufficient in
five years to nay for the construction
of the same, IS a proper incident to
the functions OF the Commission.
.. When it was contendedt that the