Norfolk Southern Railway Co. v. Moran Towing Corp.

OPINION AND ORDER

HENRY COKE MORGAN, JR., Senior District Judge.

Having considered the evidence and arguments presented at a one day bench trial in this matter, held on June 2, 2010, the Court now sets forth its factual findings and legal conclusions, and GRANTS judgment in favor of Plaintiff Norfolk Southern Railway Company (“Norfolk Southern”).

I. Factual Findings

Norfolk Southern’s Bridge 5 carries railroad tracks across the Eastern Branch of the Elizabeth River, which runs just south of downtown Norfolk, Virginia. The bridge crosses, approximately, from north to south; to the bridge’s…