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SEABOARD AIR LINE R. CO. v. ATLANTIC COAST LINE R. CO.

No. 594.

82 S.E.2d 771 (1954)

240 N.C. 495

SEABOARD AIR LINE R. CO. v. ATLANTIC COAST LINE R. CO. et al.

Supreme Court of North Carolina.

July 9, 1954.

Attorney(s) appearing for the Case

Varser, McIntyre & Henry, Lumberton, and James B. McDonough, Jr., Norfolk, Va., for plaintiff, appellee.

M. V. Barnhill, Jr., Gen. Sol., Wilmington, and F. S. Spreeill, Rocky Mount, for defendant Atlantic Coast Line R. Co., appellant.

Hogue & Hogue, Wilmington, for defendant Wilmington Railway Bridge Company, appellant.

BOBBITT, Justice.

Is Seaboard entitled as a matter of right, upon the facts established, to use the turnout from Bridge Company trackage at Power Plant Junction to serve the power plant and so compete with Coast Line, notwithstanding Coast Line has no need or desire to make joint use thereof and notwithstanding its refusal to consent to the construction and use thereof by Seaboard? If it has such legal right, Seaboard will suffer irreparable injury unless Coast Line...

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