Commonwealth v. CSX Transportation, Inc.

McGinley, judge.

The Commonwealth of Pennsylvania (District Attorney)1 appeals from the order of the Court of Common Pleas of Westmoreland County, Criminal Division (common pleas court), dated January 13, 1997, which granted CSX Transportation, Inc.’s (CSXT) motion to quash. The common pleas court found that the penalty CSXT paid in the civil action was criminal in nature and quashed the criminal information because it believed that permitting the prosecution to proceed would result in a double jeopardy violation of Article I, Section 10 of the Pennsylvania Constitution.

CSXT is a railway…