Supreme Court of North Carolina April 17, 1957, 316 (City of Goldsboro v. Atlantic Coast Line Railroad Co.)

DeNNY, J.

The primary question posed for determination on this appeal is this: Does a municipal corporation, pursuant to the general powers of eminent domain conferred upon it by the State, both by General Statutes and by charter provisions, have the authority to condemn, for street purposes, land owned by a railroad which is not necessary or essential to the owner in the operation of its