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KEZIAH v. SEABOARD AIR LINE RAILROAD COMPANY

No. 549.

158 S.E.2d 539 (1968)

272 N.C. 299

Albert L. KEZIAH and wife, Norma P. Kezlah, and Clegg A. Keziah and wife, Helen O. Keziah, Plaintiffs, v. SEABOARD AIR LINE RAILROAD COMPANY, Defendant.

Supreme Court of North Carolina.

January 12, 1968.

Attorney(s) appearing for the Case

Clark & Huffman, Monroe, for plaintiff appellants.

Cansler & Lockhart, Charlotte, for defendant appellee.

BRANCH, Justice.

The first and principal question for decision is whether the charter granted to Wilmington and Charlotte Railroad Company by the 1854-1855 Session of the General Assembly by Chapter 225 granted a right of way 100 feet wide on each side of defendant's main track, measuring from the center of same.

It is of interest to note that in the case of Carolina Cent. R. R. v. McCaskill, 94 N.C. 746, one of defendant's corporate predecessors was plaintiff...

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