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SOUTHERN RY. CO. v. DURHAM

No. 71.

266 U.S. 178 (1924)

45 S.Ct. 51

69 L.Ed. 231

SOUTHERN RAILWAY COMPANY ET AL. v. CITY OF DURHAM, NORTH CAROLINA.

Supreme Court of United States.

Decided November 17, 1924.

Attorney(s) appearing for the Case

Mr. W.M. Hendren and Mr. F.M. Rivinus, with whom Mr. W.B. Guthrie, Mr. Theodore W. Reath, Mr. James F. Wright and Mr. L.E. Jeffries were on the briefs, for plaintiffs in error.

Mr. James S. Manning, with whom Mr. John H. Manning and Mr. S.C. Chambers were on the brief, for defendant in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

By ordinance the City Council of Durham declared a certain grade crossing dangerous and ordered plaintiffs in error to eliminate it by constructing an underpass with proper approaches, etc. They failed to comply; the city instituted a mandamus proceeding to compel obedience.

The petition, after setting out the facts and circumstances, asked an appropriate...

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