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CITY OF WINSTON-SALEM v. SOUTHERN RAILWAY CO.

No. 377.

105 S.E.2d 37 (1958)

248 N.C. 637

CITY OF WINSTON-SALEM v. SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

Joyner & Howison, William T. Joyner, Jr., Raleigh, Deal, Hutchins & Minor, Winston-Salem, and William C. Bennett, Jr., Washington, D. C., for defendant, appellant.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Ralph M. Stockton, Jr., and Robert G. Stockton, Winston-Salem, for plaintiff, appellee.

JOHNSON, Justice.

This is a civil action by plaintiff, City of Winston-Salem, for writ of mandamus to compel the defendant, Southern Railway Company, to rebuild at its entire expense the overpass trestle where the railroad tracks cross over Northwest Boulevard, in accordance with an ordinance adopted by the City Board of Aldermen on 15 April, 1957.

Northwest Boulevard was established as a city street in 1922. It was laid out to pass under the tracks...

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