This section contains the nature of the case and procedural background.

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.

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