Norfolk & Western R. R. v. Pendleton

Citations

• 86 Va. 1004
• 11 S.E. 1062
• 1890 Va. LEXIS 78

Syllabus

<p>1. Railroads—Safes—Sower of State.—A state has the right to limit reasonably the amount of charges by a railroad company for the transportation of persons ^nd property within its own jurisdiction, unless restrained by some contract in the charter, or unless what is done amounts to a regulation of foreign or interstate commerce.</p> <p>2. N. & W. R. R. Co.—Segvlation of tolls.—As successor of A., M. & O. R. R. Co. the if. & W. R. R. Co. is subject to the section of the former’s charter which provides that it shall be subject to all the laws of this state, whereof the act of 1853, prescribing what rates of toll shall be charged for transportation, is one, notwithstanding any provision in the charter granted in 1848 to its predecessor, the L. & T. R. R. Co., giving it the power to regulate its own tolls until a certain event, which has never occurred.</p> <p>3. Idem—Excessive tolls—Declaration.—In action against railroad company for charging over tolls, it is sufficient if the declaration conform to the act under which it is drawn, and unnecessary that it aver that defendant is not within the exceptions in secs. 1 and 58, ch. 61, Code 1873.</p> <p>4. Appellate jurisdiction—Constitution.-—Irrespective of amount involved, the case at bar, so far as the act of 1853 is applicable to it, is' within the jurisdiction of this court, as the constitutionality of that act is involved.</p>