Hales & Hunter Co. v. Norfolk & Western Railway Co.

ON PETITION TO TRANSFER

HUNTER, Justice.

This cause is before us on the petition to transfer of Hales & Hunter Company and Cargill, Inc. (hereinafter collectively referred to as “Hales & Hunter”), wherein the companies seek review of the memorandum decision of the Court of Appeals. Hales & Hunter Co. v. Norfolk & Western Railway, (1981) Ind.App., 415 N.E.2d 166. There, the Court of Appeals affirmed the trial court’s judgment against Hales & Hunter and award of $30,000 to the Norfolk & Western Railway. We hereby grant transfer, vacate the decision and opinion of the Court of Appeals, as well as…