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CITY OF RALEIGH v. NORFOLK SOUTHERN RAILWAY CO.

No. 68SC90.

165 S.E.2d 745 (1969)

4 N.C. App. 1

CITY OF RALEIGH v. NORFOLK SOUTHERN RAILWAY COMPANY.

Court of Appeals of North Carolina.

February 26, 1969.

Attorney(s) appearing for the Case

Paul F. Smith, by Donald L. Smith, Raleigh, for plaintiff appellant.

R. N. Simms, Jr., Raleigh, for defendant appellee.

Joyner & Howison, by W. T. Joyner, Jr., Raleigh, for Southern Railway Co., amicus curiae.

Maupin, Taylor & Ellis, by Thomas F. Ellis, Raleigh, for Seaboard Coast Line Railroad Co., amicus curiae.

FRANK M. PARKER, Judge.

Decision of the questions presented by this appeal is controlled by the principles announced in City of Winston-Salem v. Southern R.R., 248 N.C. 637, 105 S.E.2d 37. In that case the North Carolina Supreme Court held that a city ordinance of Winston-Salem requiring a railroad to bear the entire cost of reconstructing an overpass to accommodate the widening of the street below...

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