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CRAIG v. SOUTHERN RY. CO.

No. 164.

138 S.E.2d 35 (1964)

262 N.C. 538

B. W. CRAIG, Plaintiff, v. SOUTHERN RAILWAY COMPANY and Atlanta & Charlotte Airline Railway Company, Original Defendants and City of Gastonia, Intervening Defendant.

Supreme Court of North Carolina.

September 30, 1964.

Attorney(s) appearing for the Case

Hollowell & Stott, by L. B. Hollowell, Jr., Gastonia, for plaintiff appellant.

Joyner & Howison, by W. T. Joyner, Jr., Raleigh, for Southern Ry. Co., and Atlanta & C. A. L. Ry. Co., defendants appellees.

Garland & Alala, by James B. Garland, Gastonia, for City of Gastonia, intervening defendant appellee.

PER CURIAM:

This appeal, as the parties have stipulated, presents one question: Did the deed from Oliver W. Davis convey the fee to Atlanta & Richmond Airline Railway Company or merely an easement for railway purposes? The answer is found in the opinion in McCotter v. Barnes, 247 N.C. 480, 101 S.E.2d 330, which fully discusses all the problems involved here. The Davis deed conveyed a fee simple...

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