SOUTHERN RAILWAY V. VIRGINIA
290 U.S. 190 (1933)
NATURE OF THE CASE: This was a dispute over an order to build an overhead passage.
FACTS: Virginia passed an Act that allowed the Highway Commissioner without notice or
hearing to command a railway company to abolish any designated grade crossing and construct
an overhead crossing that the Commissioner felt was necessary for public safety and
convenience. The plans of the Commissioner could be reviewed by the Corporation Commission
for approval or modification and nothing more. There was no provision for court review. The
Commissioner ordered Southern (P) to eliminate a grade crossing near Antlers. P refused to
comply. The Supreme Court of Virginian sided with the Commissioner.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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