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SOUTHERN RAILWAY CO. v. CITY OF WINSTON-SALEM

No. 6921SC2.

165 S.E.2d 751 (1969)

4 N.C. App. 11

SOUTHERN RAILWAY COMPANY v. CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

February 26, 1969.

Attorney(s) appearing for the Case

Joyner, Moore & Howison, by W. T. Joyner, Jr., and Deal, Hutchins & Minor, by John M. Minor and William K. Davis, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson, by Norwood Robinson and Thomas E. Capps, Winston-Salem, for defendant appellee.

FRANK M. PARKER, Judge.

Appellant railway attacks the allocation of the cost of erecting and maintaining the required signal devices at the two grade crossings of its tracks by City streets made by the two ordinances here in question as an arbitrary and unreasonable exercise of its police powers by the defendant City under all existing conditions and circumstances, thereby violating the Fourteenth Amendment of the United States Constitution and Article I, Section...

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