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ATLANTIC COAST LINE R. CO. v. STATE HIGHWAY COM'N

No. 31.

150 S.E.2d 70 (1966)

268 N.C. 92

ATLANTIC COAST LINE RAILROAD COMPANY, and Louisville and Nashville Railroad Company, Partners, trading and doing business as Clinchfield Railroad Company, v. STATE HIGHWAY COMMISSION of North Carolina.

Supreme Court of North Carolina.

September 21, 1966.

Attorney(s) appearing for the Case

A. K. McIntyre, Erwin, Tenn., and E. P. Dameron, Marion, for plaintiff appellant.

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, and Staff Atty. T. Buie Costen, Raleigh, for defendant appellee.

BRANCH, Justice.

In order to decide this appeal, it is necessary to consider and construe G.S. § 60-43. Although this statute has been repealed and substantially re-enacted as G.S. § 62-224, it was in effect when the work was done. G.S. § 60-43 until repealed and substantially re-enacted, subsequent to this litigation, read as follows:

"Whenever, in their construction, the works of any railroad corporation shall cross established roads or ways...

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