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STATE v. CHICAGO, M., ST. P. & P.R.R. CO.

No. 41359.

79 Wn.2d 288 (1971)

484 P.2d 1146

THE STATE OF WASHINGTON, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

The Supreme Court of Washington, En Banc.

May 13, 1971.

Attorney(s) appearing for the Case

Warren H. Ploeger, James E. Nelson, and J. Fred Simpson, for appellant.

Philip H. Faris, Prosecuting Attorney, for respondent.

Slade Gorton, Attorney General, Theodore O. Torve and D. Douglas McRayde, Assistants, amici curiae.

FINLEY, J.

The facts of the instant dispute arise from a modern day railroad "holdup," which, unlike historical counterparts, was perpetrated by "lawmen" rather than by "highwaymen."

In the late afternoon of August 4, 1968, the sheriff of Whitman County intercepted the crew of appellant Chicago, Milwaukee, St. Paul and Pacific Railroad Company's eastbound train No. 264 and required them to stop the train near Pandora, Washington. The train was ordered immobilized...

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