Seaboard Air Line Ry. v. North Carolina R.

PURNERR, District Judge.

The Seaboard Air Rine Railway filed a petition in the state court under the state statute asking for a condemnation of a strip of land 15 feet wide of the right of way of the North Carolina Railroad Company, Southern Railway Company, lessee, and what is known as “Peabody Street” in the city of Durham. See plat in Re City of Durham v. Southern Railway Co. (C. C.) 121 Fed. 895. On a verified petition of the Southern Railway Company the cause, on account of local prejudice and inability to get justice in the state court, as set out, was removed to the United States…