City of Raleigh v. Norfolk Southern Railway Co.

The decision of the Court of Appeals is based on the principles set forth in Winston-Salem v. Southern Ry., 248 N.C. 637, 105 S.E. 2d 37.

The majority view in this country recognizes that an ordinance 'in the interest of public safety, convenience or welfare which requires a railroad to construct or reconstruct, at its expense, passageways over or under streets and highways, without regard to which was first in existence, is a reasonable exercise of the police power. Atchison, T. & S. F. Ry. v. Public Utilities Commission, 346 U.S. 346, 98 L. Ed. 51, 74 S. Ct. 92; Erie R. R. v. Board of Public…