NORFOLK & W. RY. CO. v. STATE

No. 3-378A53.

387 N.E.2d 1343 (1979)

NORFOLK & WESTERN RAILWAY COMPANY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 16, 1979.


Attorney(s) appearing for the Case

Thomas W. Yoder and Thomas P. Yoder, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for appellant.

Theo. L. Sendak, Atty. Gen., Dennis K. McKinney, Deputy Atty. Gen., Indianapolis, for appellee.


HOFFMAN, Judge.

Norfolk and Western Railway Company (appellant, Railway) appeals from a conviction and fine of $100 for blocking a railroad crossing for a period in excess of ten [10] minutes. IC 1971, 8-6-7.5-1 (Burns Code Ed.).

The issues for appeal concern sufficiency of the evidence and the trial court's construction of the statute involved.

Upon review this Court must consider only that evidence tending to support the findings of fact, conclusions...

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