Fiscal Court of Fulton County v. N. C. & St. L. Railway

Opinion of the Court by

Turner, Commissioner

Affirming.

This appeal involves the question whether, under our statute, it is the duty of a railroad company, in the erection of a bridge on a highway over its tracks, and the approaches thereto, when it becomes necessary to go outside of its right of way in the erection of such approaches, not only to restore the highway to its former condition as near as may be, but to -thereafter maintain and keep in repair that part of such approaches as are outside of its right of way.

The action was brought by the railroad Gompany against Fulton county and its…