CITY OF GOLDSBORO v. ATLANTIC COAST LINE RAILROAD CO.

No. 316.

97 S.E.2d 486 (1957)

246 N.C. 101

CITY OF GOLDSBORO v. ATLANTIC COAST LINE RAILROAD COMPANY, Chemical Corn Exchange Bank, Trustee, C. C. Howell, Jr., Trustee, United States Trust Company of New York, Trustee, and William M. Howell, Trustee.

Supreme Court of North Carolina.

April 17, 1957.


Attorney(s) appearing for the Case

Edwin C. Ipock, James N. Smith, Goldsboro, for petitioner.

W. B. R. Guion, New Bern, W. Powell Bland, George K. Freeman, Jr., Goldsboro, for respondent Railroad.


DENNY, Justice.

The primary question posed for determination on this appeal is this: Does a municipal corporation, pursuant to the general powers of eminent domain conferred upon it by the State, both by General Statutes and by charter provisions, have the authority to condemn, for street purposes, land owned by a railroad which is not necessary or essential to the owner in the operation of its railroad business?

The appealing respondent in the hearing below...

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