The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-07-13
MADE
TO FORMER RULE
Buildings Permitted in Some In
stances on Railway Station
Grounds.
IMPORTANT CASE DECIDED
Commission Will Permit struc-
lures Where There Is No
Discrimination.

Clearly setting forth that its de-
clsion in the Lybrook case, which was
Of SO much interest to the railroads
and business. interests of the State, Is
not to be taken as precedent in all
on the terminals for private purposes,
the State Corporation Commission yes
terday dismissed the petition of Frank
Male, OF Orange This case was ar
gued before the commission last sum-
reasons deemed sufficient
Yesterdays decision Is of the great
est interest to every railroad and to
all persons who occupy buildings
tons. 1t is agreed to by all three
commissioners, the opinion being by
Commissioner Rhea and concurred in
by Commissioner Wingheld.
IIybrook's Case.
About a year ago the Lybrook case
was decided In that Instance Ger
tain buildings had been placed on the
terminal grounds OF the Danville and
Western Railway in the town of
Stuart. The points in the case were
no right to divert for private purposes
lands which h&d been condemned by
corporations fer public use; second
that because of the fact that the par
ties concerned were occupying the
buildings free of rent, this worked a
discrimination against other business
interests in the town. The Corpora
ton Commission entered an order re.
curing the removal OF the buildings.
In appeal was granted to the Supreme
Court and the case was argued at the
March term, but no decision has as yet
oeen rendered by that tribunal
Somewhat similar conditions arose
at Somerset station, In Orange coun-
ty on the line OF the Southern Rail
way. There warehouse was built on
railroad land by the firm of Golsan &
Buckncr. This land, however, is not
on what might be called properly the
station grounds at Somerset, but is
diagonally across the tracks, seventy
five yards from. the station, and might
be considered as on outside right of
way.
Cnses Different.
However, Frank Nalle, a citizen,
railroad be required to remove the
building. He contended that his case
was in all respects similar to that
in the Lybrook petition from Stuart.
but the commission in its opinion, says
that the cases are clearly distinguish
ed. No discrimination appears in the
Somerset case against ether local bus
mess men, and 1t is therefore evident
that the commission will not inter-
fere in such instances.
Rhea IN his opinion. that some
misrepresentation has arisen as
to the first sentence in the concluding
paragraph of the opinion handed down
in the case of Lybrook VS.. Danyille
and Western Railway Company, which
is as follows:
~ am OF the opinion that 1t is both
unlawful and against public policy to
permit any railroad company to in
yoke the power OF eminent domain to
condemn private property for public
purposes, and then allow 1t to be used
for the conduct Of private business,
such as is shown in this case to have
been done
May Be Exceptions.
while we adhere to the proposition
announced in the sentence taken from
that opinion as quoted, as a general
rule, yet it was not intended that there
should be no exceptions to it, and this
is clearly borne out by the words for
the conduct of private business, such as
is shown in this case to have been
DONE
Briefly. what was the situation at
stuart in Patrick county. the terminal
of the Danville and Western Railway?
in the first place, 1t was, as stated
the terminal Of the road and frequent
ly congested. Again 1T was shown that
the people covering the territory for
more than one-half of Patrick county,
with large numbers of wagons and
great quantities OF various kinds OF
commodities, patronized this railroad: