Norfolk & Western Railway Co. v. Public Service Commission

Background

A local merchant in Blackberry City, West Virginia, complained to the State Public Service Commission that the railroad failed to provide a safe way to move freight from the siding across four tracks to his store. McCarr Siding serves a small village and a nearby coal operation; freight is commonly left on the south side of the tracks and must be moved to businesses on the north side. The commission ordered the railroad to build and maintain a vehicle crossing limited to freight for the merchant and other shippers, and placed duties on the merchant for a gate and watchman when the crossing was used. The railroad blocked the crossing with posts and challenged the commission’s order as unconstitutional under the Fourteenth Amendment.

Reasoning

The central question was whether the State could require the railroad to provide reasonable facilities at the siding and whether that order unlawfully took the railroad’s rights. The Court relied on the statute allowing the commission to require suitable public conveniences and found that the need for a crossing was clear. The order was described as a light burden on the company, not arbitrary, and its conditions actually reduced the company’s expense. The Court held the order did not deprive the railroad of property without due process or deny equal protection, and it affirmed the lower court judgment.

Real world impact

The ruling requires the railroad to provide a vehicle crossing that will ease freight delivery for the merchant and local residents, reducing delay and extra labor. It affirms that state regulators can make reasonable demands for community convenience, while noting regulatory power is not unlimited and safety measures can be tailored later.