Legal Opinion

Black v. Baltimore & Ohio Railroad

Indiana Court of Appeals

Decided January 17, 1980No. 2-179A26PublishedCited by 18 opinions

1Opinion of the Court

ROBERTSON, Presiding Judge.

Jack Black (Black) as State Director of the Indiana Legislative Board, United Transportation Union, brought an action against the Baltimore and Ohio Railroad Company (B & 0), to correct alleged hazardous conditions at B & O’s Moorfield Yards in Indianapolis. The Public Service Commission of Indiana (PSC) dismissed the complaint on the basis of federal legislation and regulations which pre-empt State action. We affirm.

The complaint alleged that pumping actions in low joints, lack of good crossties, ballast and poor drainage created a muddy condition in which trainmen…

2Cases cited5 opinions

  1. Thomas A. Donelon, Charles J. Eagan, Jr. v. New Orleans Terminal Company and Federal Railroad Administration of the Department of TransportationCourt of Appeals for the Fifth Circuit · 1973
  2. National Association of Regulatory Utility Commissioners v. ColemanCourt of Appeals for the Third Circuit · 1976
  3. Fred J. Stewart Trucking, Inc. v. Bunn Trucking, Inc.Indiana Court of Appeals · 1972
  4. Atchison, Topeka & Santa Fe Railway Co. v. Illinois Commerce CommissionDistrict Court, N.D. Illinois · 1977
  5. Coastal Tank Lines, Inc. v. Public Service CommissionIndiana Court of Appeals · 1976

3Cited by18 opinions

  1. Missouri Pacific Railroad Company v. Railroad Commission of TexasCourt of Appeals for the Fifth Circuit · 1987
  2. Black v. Seaboard System RailroadIndiana Court of Appeals · 1986
  3. Consolidated Rail Corp. v. SmithDistrict Court, N.D. Indiana · 1987
  4. Norfolk & Western Railway Co. v. BurnsDistrict Court, E.D. Michigan · 1984
  5. Rooney v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2009

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