Summerlin v. Norfolk Southern Railway Co.

TYSON, Judge.

Caswell Lee Summerlin, Jr. (“plaintiff’) seeks to compel Norfolk Southern Railroad Company (“defendant”) to construct and maintain a grade crossing across defendant’s railroad on plaintiff’s land. The trial court granted defendant’s motion for summary judgment. We affirm.

I. Background

In 1906, the Raleigh and Pamlico Sound Railroad Company conveyed to defendant all rights and lines of railroad, including existing lines and those under construction, extending from Raleigh and connecting Wake, Johnston, Nash, Wilson, Greene, Pitt, Craven, and Beaufort Counties.

In 1994, Nettie…