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McLAURIN v. WINSTON-SALEM SOUTHBOUND RY.

No. 605PA87.

374 S.E.2d 265 (1988)

323 N.C. 609

Thelma H. McLAURIN and Eleanor Ruth McRorie v. WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY, Seaboard System Railroad, Inc., and Landon A. Scarborough.

Supreme Court of North Carolina.

December 8, 1988.

Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, for plaintiffs-appellees.

Thomas, Harrington & Biedler by Larry E. Harrington, Monroe, for defendant-appellee Landon A. Scarborough.

Craige, Brawley, Liipfert & Ross by William W. Walker, Winston-Salem, for defendant-appellant Winston-Salem Southbound Ry. Co.

Patton, Boggs & Blow by C. Allen Foster, Eric C. Rowe and Julie A. Davis, Greensboro, for amicus curiae N.C.R. Co.

Brooks, Pierce, McLendon, Humphrey & Leonard by L.P. McLendon, Jr. and Nancy K. Plant, Greensboro, for amicus curiae Southern R. Co.

Maupin, Taylor, Ellis & Adams by Charles B. Neely, Jr. and Gilbert C. Laite, III, for Raleigh, amicus curiae CSX Transp., Inc.

WEBB, Justice.

The principal question presented by this appeal deals with the interpretation of N.C.G.S. § 1-44 which provides:

No railroad, plank road, turnpike or canal company may be barred of, or presumed to have conveyed, any real estate, right-of-way, easement, leasehold, or other interest in the soil which has been condemned, or otherwise obtained for its use, as a right-of-way, depot, station house...

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