Carolina Central Railroad v. Wilmington Street Railway Co.

MoNtgomeet, J.:

Upon entering the city of Wilmington, the plaintiff company, before it could lay its track across Fourth street, at a point then within the city limits, was compelled to cut through a considerable embankment, thereby necessitating the building of a bridge over the cut in order that travel and transportation should not be obstructed or delayed over the street. The territory within the city limits and contiguous to the bridge has never been built up, nor have streets been actually laid cff there. The highway which, at the bridge, i? called Fourth street, was the old public road…