Atlantic Coast Line Railroad v. City of Goldsboro
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NORTH CAROLINA. The facts, which involve the constitutionality of a municipal ordinance regulating the operation of railroad trains and the standing of the cars in the street and requiring the tracks, to conform to the street grade and to be filled in between the rails, are stated in the opinion. The right of way of plaintiff in error is not a street. Donahue v. State, 112 N. Y. 142; East Ala. Ry. Co. v. John Doe, 114 U. S. 340; Ga.
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ERROR TO THE SUPREME COURT OP THE STATE OP NORTH CAROLINA. The facts, which involve the constitutionality of a municipal ordinance regulating the operation of railroad trains and the standing of the cars in the street and requiring the tracks, to conform to the street grade and to be filled in between the rails, are stated in the opinion. The right of way of plaintiff in error is not a street. Donahue v. State, 112 N. Y. 142; East Ala. Ry. Co. v. John Doe, 114 U. S. 340; Ga. R. & B. Co. v. Union Point, 47 S. E. Rep. 183; Muse v. Railroad, 140 Nor. Car. 443; Nor. Pac. Ry. Co. v. Townsend, 190…
1Opinion of the CourtJustice Pitney
The Atlantic Coast Line Railroad Company, plaintiff in error, has succeeded to the ownership of the property, franchises, and rights of .the Wilmington & Raleigh Railroad Company, which was chartered by the General Assembly of North Carolina in the year 1833, and whose name was afterwards changed to Wilmington & Weldon Railroad Company. Under its charter powers the original company constructed its railroad from Wilmington to and into Wayne County, North Carolina, passing through the place which later, and in the year 1847, became incorporated as the Town of Goldsboro, now the City of…
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