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TOWN OF WILLIAMSTON v. ATLANTIC COAST LINE R. CO.

No. 98.

72 S.E.2d 609 (1952)

236 N.C. 271

TOWN OF WILLIAMSTON v. ATLANTIC COAST LINE R. CO. et al.

Supreme Court of North Carolina.

October 8, 1952.

Attorney(s) appearing for the Case

Chas. H. Manning, Williamston, for Town of Williamston, plaintiff.

M. V. Barnhill, Jr., Wilmington, Peel & Peel, Williamston, Rodman & Rodman, Washington, for Atlantic Coast Line R. Co., defendant.

R. Brookes Peters, Raleigh, for individual defendants.

DEVIN, Chief Justice.

The plaintiff Town of Williamston assigns error in the ruling below sustaining the demurrer of the defendant Railroad Company, and takes the position that in the exercise of its police power in the interest of public safety it has the right to require the Railroad Company to improve and remodel the underpass where the tracks cross over a street carrying a large volume of traffic. Plaintiff relies upon Atlantic Coast Line R. R. v. City of Goldsboro...

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