Nottke v. Norfolk S. Ry. Co.

James G. Carr, Sr. U.S. District Judge

This nuisance case arises out of defendant Norfolk Southern Railway Company's operations at its Moorman Yard in Bellevue, Ohio.

Plaintiffs, whose homes are adjacent to the yard, allege that Norfolk Southern's use of a retarder system to decelerate rail cars generates "extreme noise pollution." They contend that the retarders produce "a very loud, unbearable high-pitched squealing sound" when the retarders' metal brake shoes press against the cars' steel wheels. (Doc. 30 at ¶ 10). Among the relief plaintiffs seek is an injunction "enjoining Defendant from…