State v. Norfolk S. Ry. Co.
Supreme Court of Indiana
May 17, 2018, Argued; September 24, 2018, Decided; September 24, 2018, Filed
Supreme Court Case No. 18S-IF-193
Indiana—The Crossroads of America1 —is a railroad capital. Statewide, dozens of railroad companies run trains on more than four thousand miles of track. Roads intersect those tracks, creating 5,693 public railroad—highway grade crossings. That’s one for every seventeen public-roadway miles—the highest concentration in the country.2
To aid public travel, the State bars railroads from blocking those crossings for more than ten minutes, except in situations outside the railroads’ control. Violations carry minimum $200 fines. After 23 citations, Norfolk Southern challenged the State’s regulation as preempted by federal law.
Read the full brief here.