Opinion

Thompson v. SEABOARD AIR LINE RAILROAD COMPANY

  • 248 N.C. 577
  • 104 S.E.2d 181
  • 1958 N.C. LEXIS 534
Court
Supreme Court of North Carolina
Filed
Jun 30, 1958
Status
Published
Author
Higgins
On the bench
Rodman
Cited by
8 cases

The opinion

*588 Higgins, J.,

dissenting. It is conceded! the changes in elevating the defendant’s tracks were made as a matter of right upon the defendant’s own property, it is likewise conceded the work done in elevating Bridges Street in the Town of Hamlet wais within the limits of the town’s right of way for street purposes. We may assume the Town compensated the owner of the lam'd when it acquired the easement. An easement for street purposes contemplates and includes the right to make such ■changes in the grade as may be necessary to accommodate public travel so long as the boundaries of the easement are not enlarged.

The Railroad Company exercised its conceded right to elevate its tracks. It became the duty of the Town and the defendant to provide a suitable crossing. The Town had the right to elevate Bridges Street for that purpose and it could exercise the right by having the work done by its own employees or by letting the work to contract, or by authorizing the Railroad Company to do it. Whether the Town paid much or little, or nothing, to the Railroad Company to have the work done does not enlarge the liability, and certainly does not create liability when none previously existed. In the absence of allegation and proof the work of elevating the street was negligently done, there is no liability. I vote to reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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