HARRIS v. SOUTHERN RY. CO.

No. 902SC85.

396 S.E.2d 623 (1990)

100 N.C. App. 373

Marvin Jesse HARRIS, Plaintiff, v. SOUTHERN RAILWAY COMPANY, a Virginia Corporation, Defendant.

Court of Appeals of North Carolina.

October 2, 1990.


Attorney(s) appearing for the Case

Ward and Smith, P.A. by John A.J. Ward, Donalt J. Eglinton and Cheryl A. Marteney, New Bern, for defendant-appellant.

Carter, Archie & Hassell by Sid Hassell, Jr., Washington, for plaintiff-appellee.


ORR, Judge.

The sole issue on appeal is whether the trial court erred in requiring defendant to construct and maintain a new railroad crossing on plaintiff's land at the location requested by plaintiff. For the following reasons, we hold that the trial court erred.

The following facts are pertinent to this action. In 1983, plaintiff acquired by fee simple a parcel of land containing 116.65 acres, subject to defendant...

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