Consolidated Rail Corp. v. State

ROBERT M. BELL, Judge.

Consolidated Rail Corporation, appellant, appeals from the judgment of the Circuit Court for Prince George’s County granting summary judgment in favor of the State of Maryland, appellee, (hereinafter “the State”), for the costs incurred by the State in connection with appellant’s performance of work at a railroad grade crossing. It presents two questions for our resolution:

1. Do the provisions of § 8-640 and § 8-642 of the •Transportation Article of the Annotated Code of Mary land apply to the case at bar thus limiting the State’s recovery to 25% of the cost of its…