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NORFOLK SOUTHERN RY. CO. v. DEMPSEY

No. S96A1438.

476 S.E.2d 577 (1996)

267 Ga. 241

NORFOLK SOUTHERN RAILWAY CO. v. DEMPSEY.

Supreme Court of Georgia.

Reconsideration Denied October 31, 1996.

Attorney(s) appearing for the Case

James D. Maddox, Shaw, Maddox, Graham, Monk & Boling, Rome, for Norfolk Southern Ry. Co.

Frank H. Jones, Jones, Byington, Durham & Payne, Rome, for Dempsey.

HUNSTEIN, Justice.

Norfolk Southern Railway Company installed a grade crossing over a section of its track in Floyd County in order to allow Dempsey and his predecessors, who owned the property to the west of Norfolk's track, to gain access to a county road that came to a dead end to the east of the track. It is uncontroverted that the initial use of the crossing was permissive. In the 1980's Dempsey obtained access off his property via a state highway constructed...

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