State v. Union Pacific Railroad

THOMAS, Justice.

The question of law presented in this case is whether certain heavy equipment owned by the Union Pacific Railroad Company (UPRR) comes within the definition of “mobile machinery” found in Section 31-2-601, W.S.1977 (June 1989 Repl.). That statute provides:

“(a) As used in this act:

“(i) ‘Mobile machinery’ means heavy equipment, except shop or hand tools or attachments, which is self-propelled, towed or hauled and used primarily in construction and maintenance of roads, bridges, ditches, buildings or land reclamation; * *

In a declaratory judgment action, the UPRR took the…