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CITY OF RALEIGH v. NORFOLK SOUTHERN RAILWAY CO.

No. 31.

168 S.E.2d 389 (1969)

275 N.C. 454

CITY OF RALEIGH v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

July 11, 1969.

Attorney(s) appearing for the Case

Donald L. Smith, Raleigh, for plaintiff City of Raleigh.

R. N. Simms, Jr., Raleigh, for defendant Ry. Co.

Joyner, Moore & Howison, Raleigh, for Southern Ry. Co., Maupin, Taylor & Ellis, Raleigh, for Seaboard Coast Line R., Co., amici curiae.

BRANCH, Justice.

The decision of the Court of Appeals is based on the principles set forth in City of Winston-Salem v. Southern Ry., 248 N.C. 637, 105 S.E.2d 37.

The majority view in this country recognizes that an ordinance in the interest of public safety, convenience or welfare which requires a railroad to construct or reconstruct, at its expense, passageways over or under streets and highways...

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