Southern Ry. Co. v. City of Durham, 266 U.S. 178 (1924)

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Southern Railway Company v. City of Durham


No. 71


Argued October 14, 1924
Decided November 17, 1924
266 U.S. 178

ERROR TO THE SUPREME COURT
OF THE STATE OF NORTH CAROLINA

Syllabus

1. The right of jury trial in a the court is determined by the local law, concerning which this Court accepts the decision of the highest state court. P. 179.

2. When a party in a state court, with full opportunity, offer no evidence to sustain defense alleged under the Constitution, a judgment overruling the defenses does not deprive him of federal rights. Id.

185 N.C. 240 affirmed.

Error to a judgment of the Supreme Court of North Carolina sustaining a mandamus to enforce an ordinance of the city which required three railway companies to eliminate a grade crossing.