Ward v. Louisville & Nashville Railroad

DAVIS, Commissioner.

This appeal arises from a declaratory judgment action testing whether Department of Highways (hereafter Department) may comply with contracts it has entered into with appellee (hereafter Railroad) respecting the Department’s paying the maintenance expenses incident to electric warning signals and gates at eleven grade crossings of the Railroad’s tracks over the public highways of this state. The trial court entered judgment declaring the contracts legal in all respects. The Department appeals, asserting that expenditure of public funds for maintenance of such devices will…