STATE v. WHEELING & LAKE ERIE RY. CO.

No. H-02-026.

152 Ohio App.3d 24 (2003)

2003-Ohio-1420

The STATE of Ohio (VILLAGE OF MONROEVILLE), Appellee, v. WHEELING & LAKE ERIE RAILWAY COMPANY, Appellant.

Court of Appeals of Ohio, Sixth District, Huron County.

Decided March 14, 2003.


Attorney(s) appearing for the Case

K. Alec Thornton, for appellee.

Sheila A. McKeon and Richard J. Scislowski, for appellant.


LANZINGER, Judge.

{¶ 1} This is an appeal by Wheeling & Lake Erie Railway Co. of a $1,000 fine and costs for a first-degree misdemeanor conviction of R.C. 5589.21, the statute that governs the length of time a stopped train can block a roadway. Because we conclude that the downed gates did not constitute an "obstruction" within the meaning of the statute, we reverse.

{¶ 2} The facts in this case are not disputed. On October 18, 2001, Officer...

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