Legal Opinion
State v. BNSF Railway Co.
Court of Appeals of Kansas
Decided November 2, 2018No. 118095PublishedCited by 4 opinions
1Opinion of the Court
Bruns, J.:
BNSF Railway Company (BNSF) appeals its conviction for violating K.S.A. 66-273. This statute prohibits a railroad company from allowing its trains to stand upon a railroad *80 crossing for more than 10 minutes without leaving an opening at least 30 feet wide on the public roadway. Following a bench trial, the district court found that a BNSF train blocked two crossings in Chase County for approximately four hours. Because we find that the Interstate Commerce Commission Termination Act, 49 U.S.C. § 10101 et seq. (2016), preempts K.S.A. 66-273, we reverse BNSF's conviction as a matter of…
2Cases cited39 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- English v. General Electric Co.Supreme Court of the United States · 1990
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Arizona v. United StatesSupreme Court of the United States · 2012
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3Cited by4 opinions
- State v. CSX Transp., Inc.Ohio Court of Appeals · 2020
- State v. CSX Transp., Inc.Ohio Supreme Court · 2022
- BNSF Railway Company v. City of Edmond OklahomaDistrict Court, W.D. Oklahoma · 2020
- Fontana v. CSX Transportation, Inc. and Oronzio v. CSX Transportation, Inc. (Consolidated)Superior Court of Delaware · 2025