WITHERS v. LONG MANUFACTURING COMPANY

No. 254.

129 S.E.2d 886 (1963)

259 N.C. 139

Cottie N. WITHERS and Husband, Ulysees Withers, Sarah Norfleet, Willie Barnes and wife, Coseanna Tillery Barnes, Esther Barnes Platt, and Annie Barnes, v. LONG MANUFACTURING COMPANY.

Supreme Court of North Carolina.

March 20, 1963.


Attorney(s) appearing for the Case

Earl Whitted, Jr., Goldsboro, for plaintiffs, appellants.

Bourne & Bourne, by Henry C. Bourne, Tarboro, for defendant, appellee.


PER CURIAM.

The plaintiffs' allegations and evidence show the defendant acquired the land by deed from the Atlantic Coast Line Railroad which in turn had acquired it in fee and held it for railroad purposes. The evidence failed to show any dedication by the owner, or the exercise or assumption of any control over it by any city, county, or State authority. Prior to the deed to the defendant, the Atlantic Coast Line Railroad...

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