Atlantic Coast Line Railroad v. State Highway Commission

In order to decide this appeal, it is necessary to consider and construe G.S. 60-43. Although this statute has been repealed and substantially re-enacted as G.S. 62-224, it was in effect when the work was done. G.S. 60-43 until repealed and substantially re-enacted, subsequent to this litigation, read as follows:

“Whenever, in their construction, the works of any railroad corporation shall cross established roads or ways, the corporation shall so construct its works as not to impede the passage or transportation of persons or property along the same. If any railroad corporation shall so…