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AKRON, CANTON & YOUNGSTOWN RAILROAD CO. v. PUBLIC UTILITIES COMMISSION

No. 220228.

9 Ohio Misc. 183 (1967)

THE AKRON, CANTON & YOUNGSTOWN RAILROAD CO. ET v. PUBLIC UTILITIES COMMISSION ET AL.

Common Pleas Court of Franklin County.

Decided January 30, 1967.

Attorney(s) appearing for the Case

Joseph S. Gill, Messrs. Squire, Sanders & Dempsey, Mr. James C. Davis, Mr. Andrew P. Martin, Mr. Charles F. Clarke and Mr. Alan P. Buchmann, for plaintiffs.

Mr. William B. Saxbe, attorney general, Mr. Charles S. Lopeman, Mr. John F. Casey, Mr. Langdon Bell, Mr. C. Howard Johnson, prosecuting attorney, Mr. George C. Smith, for defendants.

Messrs. Tyler, Richards & Grieser, Mr. William A. Richards, Mr. C. Richard Grieser, Mr. Harold C. Heiss, Mr. Donald W. Bennett, for intervening defendants.

SHOEMAKER, J.

The plaintiffs (hereinafter called Railroads), fifteen Class I railroads, all engaged in the business of transporting freight, or freight and passengers, in interstate commerce, in the state of Ohio, have brought this action for a judgment declaring that the interpretation of the word "firemen" in Sections 4999.07 and 4999.08, Revised Code (commonly called Full Crew Laws), does not require a "fireman" on a Diesel-electric locomotive. If the court should...

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