1904

Newport News Ry. v. Hampton Rds. Ry. & Elec. Co.

Supreme Court of Virginia

102 Va. 795, 47 S.E. 839

Newport News Railway had a one-track streetcar line in the Town of Phoebus. Although it had obtained an additional franchise to double-track the line, it had not done so. Town granted Hampton Railway the right to construct a double-track line and Hampton began the construction on the same streets as the existing single track. Newport News Railway obtained an injunction to stop Hampton’s construction. Hampton obtained injunction to stop Newport News from tearing up its new tracks. Ultimately, the trial court dissolved the first injunction and continued the second. Supreme Court affirmed. Newport News Railway’s additional franchise did not give it a monopoly on the public streets. The Town was well warranted in the exercise of its right to promote the welfare of its citizens by conferring the right on Hampton to install a double-track line. The Newport News Railway had never considered the needs of the traveling public.

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