Appeal from Commission order requiring flagman; appointment of civil engineer to decide matter.

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Any such railroad company, after receiving such notice, may, within ten days after such receipt, apply to the circuit court of the circuit in which such crossing is situated, or to a judge thereof if the court be not in session, and claim a re-examination of the locality and a revision of the action of the Commission. The court or judge, as the case may be, shall appoint forthwith some civil engineer, not connected with any railroad, to examine into the matter forthwith and he may either affirm the demand of the Commission or modify it and his determination shall be final.

HISTORY: 1962 Code Section 58-1002; 1952 Code Section 58-1002; 1942 Code Section 8381; 1932 Code Section 8381; Civ. C. '22 Section 4929; Civ. C. '12 Section 3234; Civ. C. '02 Section 2143; G. S. 1490; R. S. 1696; 1881 (17) 826; 1935 (39) 25.


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