[DOWNLOAD] "City North Vernon v. Baltimore and Ohio" by Fourth District No. 72A04-8602-CV-46 Court of Appeals of Indiana # eBook PDF Kindle ePub Free

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eBook details

• Title: City North Vernon v. Baltimore and Ohio
• Author : Fourth District No. 72A04-8602-CV-46 Court of Appeals of Indiana
• Release Date : January 02, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

MILLER, J. Baltimore and Ohio Railroad Company filed a declaratory judgment action against the City of North Vernon, requesting an injunction to prevent the City from enforcing three ordinances which require the Railroad to maintain crossing guards at two crossings. The trial court entered judgment against the City, ruling the three ordinances are void and contravene IND. CODE 36-1-3-8(7) because the power to regulate the manner in which citizens are to be warned of danger from railroads has been preempted from municipalities and placed with the Indiana Public Service Commission pursuant to I.C. 8-6-7-1 and I.C. 8-6-7.7-2, except as delegated to municipalities pursuant to I.C. 9-4-1-107. North Vernon appeals, arguing I.C. 36-1-3-8(7), I.C. 8-6-7-1, and I.C. 8-6-7.7-2 do not preempt the entire field of railroad crossing safety and cities are permitted to legislate additional safety requirements, including watchmen, and that the language ""any grade crossing in the state"" contained in I.C. 8-6-7-1 refers only to grade crossings on state highways and excludes those under local jurisdictions.

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