Railroad Law
 
In the Matter of the Estate of Carlson

¶1 At issue in this cause is whether the estate of a deceased grantor of mortgaged properties conveyed by transfer-on-death deed is liable for the underlying debt, when the grantor's will contained express instructions for the payment of all debts secured by mortgages. We determine that it is.

I.
FACTS AND PROCEDURAL HISTORY

¶2 Carol Jean Carlson (Decedent) learned she was te... More...
   $0 (01-20-2016 - OK)

Nebraska v. Parker

The Omaha Tribe settled in the Missouri River valley more than 500 years ago. Over the course of several centuries, the Tribe established villages in northeastern Nebraska, farmed the land, and hunted deer and bison across the plains. But the Tribe increasingly found itself threatened by westward expansion, warfare with other tribes, and disease. Following the United States’ acquisition of it... More...   $0 (01-20-2016 - DC)

State Of New Jersey v. Howard Jones

On August 26, 2009, defendant was charged with third-degree
endangering the welfare of a child, N.J.S.A. 2C:24-4, and
fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b).
Those charges focused on events that took place on the morning
of March 24, 2009, involving C.W., a fourteen-year-old girl.
The following facts are gleaned from the evidence presented at
tri... More...
   $0 (01-20-2016 - NJ)

Trennon Putnam v. Norfolk Southern Railway Company, Inc.

The employee testified in his deposition that, after he graduated from high school in 1985, he worked for Bevis
2
2140873 Furniture from 1986 to 1990 and that, during his employment with Bevis Furniture, he had worked in the office the first two years and in the plant using a rivet press the latter two years. He stated that he wore earplugs when he worked at Bevis Furniture. The employee... More...
   $0 (01-20-2016 - AL)

GLOVER v. CORNISH

Carol Jean Carlson (Decedent) learned she was terminally ill in 2011, and retained an attorney to assist her in planning the disposition of her estate (Estate). On August 24, 2011, Decedent executed three transfer-on-death deeds (TODDs) pursuant to the Nontestamentary Transfer of Property Act (NTPA), 58 O.S. 2011 §§ 1251-1258 for real property she owned, as well as a Last Will and Testament. One o... More...   $0 (01-20-2016 - OK)

State of Minnesota vs. Debra Lee Fawcett

On May 24, 2014, at approximately 5:08 p.m., Blaine Police Officer Matzke was
dispatched to a two-vehicle accident. Officer Matzke observed that the driver of a vehicle
with heavy damage was bleeding and obviously injured. The driver told Officer Matzke
that she was driving through an intersection when she “t-boned” a vehicle that ran a red
light. Blaine Police Officer Hawle... More...
   $0 (01-12-2016 - MN)

USA v. Timothy Sanders

Sanders sold two firearms on separate occasions to a pawnshop. In its course of business,
the pawnshop emailed a list of transactions to Roane County Sheriff’s Office. A detective
recognized Sanders’s name as that of a convicted felon and notified the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (“ATF”). An ATF agent investigated the pawnshop and
seized the firearms.... More...
   $0 (01-07-2016 - TN)

State of Oklahoma v. Guy Williams Walker

Vinita, OK - State of Oklahoma v. Guy Williams Walker

1. ASSAULT AND BATTERY WITH A DANGEROUS WEAPON (FELONY)

2. ASSAULT AND BATTERY WITH A DANGEROUS WEAPON (FELONY)

3. THREATENING ACT OF VIOLENCE (MISDEMEANOR)

4. TRESSPASS UPON RAILROAD PROPERTY (MISDEMEANOR)

Docket
Date Code Description Count Party Amount
01-06-2016
More...
   $0 (01-06-2016 - OK)

State of Tennessee v. Billy S. Watson

In June 2014, the McMinn County Criminal Court grand jury charged the defendant with one count each of aggravated burglary, attempted theft of property valued at $1,000 or more but less than $10,000, and vandalism of property valued over $500 but less than $1,000, arising out of the burglary of Edgar Boudreu’s residence. The trial court conducted a jury trial in November 2014. The State’s proof ... More...   $0 (01-06-2016 - TN)

Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC,

In 2013, Arrow, a Delaware limited liability company, hired 3 Bears, a North Dakota limited liability company, to be the general contractor for the construction of a pipeline located on a right-of-way easement acquired by Arrow from the Bureau of Indian Affairs over Indian trust land on the Fort Berthold Indian Reservation. See 25 U.S.C. §§ 321 and 323. The easement was "for the purpose of install... More...   $0 (12-30-2015 - ND)

LAMBERT et al v. United States of America

The plaintiffs filed their original complaint in this case on June 19, 2012. The
plaintiffs allege that they are fee simple owners of parcels which were subject to a
railroad easement and that, under Tennessee state law, the scope of the railroad easement
was exceeded when CSX Transportation, Inc., ceased to use the corridor for its railroad
operations and transferred its inte... More...
   $0 (12-30-2015 - TN)

Anne Payne v. CSX Transportation, Inc.

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (... More...   $0 (12-28-2015 - TN)

SEARS, et al. v. United States of America

The land at issue was previously held as a right-of-way for railroad purposes by Iowa River Railroad, “extending from milepost 243.35 near Marshalltown, Iowa, to milepost 209, outside Steamboat Rock, Iowa, a total distance of 34.35 miles, in Marshall and Hardin Counties, Iowa.” Second Am. Compl. ¶ 4, ECF No. 33. The Iowa National Heritage Foundation filed a Trail Use Request with the federal gov... More...   $0 (12-23-2015 - DC)

Gonzalez v. Union Pacific RR. Co

At the railroad crossing in Schuyler, there are two sets of tracks, one for eastbound trains and one for westbound
trains. On the date of the accident, an eastbound train was on the south track and a westbound train was on the north track. They passed each other just east of the railroad crossing. At approximately 1 p.m., Efrain proceeded to cross from the south set of railroad tracks after t... More...
   $0 (12-22-2015 - NE)

State of Oklahoma v. Qamar Youngblood

Tulsa, OK - The State of Oklahoma charged Qamar Youngblood with:

Count # 1. Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435
Date of Offense: 04/24/2014

Party Name

Disposition Information

YOUNGBLOOD, QAMAR Disposed: DEFERRED, 05/19/2015. Guilty Plea
Count as Disposed: BURGLARY - SECOND DEGREE(BRG2)
Violation of 21 O.S.... More...
   $0 (12-21-2015 - OK)

Gonzalez v. Union Pacific RR. Co.

At the railroad crossing in Schuyler, there are two sets of tracks, one for eastbound trains and one for westbound
trains. On the date of the accident, an eastbound train was on the south track and a westbound train was on the north track. They passed each other just east of the railroad crossing. At approximately 1 p.m., Efrain proceeded to cross from the south set of railroad tracks after ... More...
   $0 (12-18-2015 - NE)

Shelby County v. James Crews, et al.

This case involves competing claims over a small parcel of real property located near Shelby Farms in Shelby County, Tennessee. The property was formerly the site of an old railroad depot, and the County had possession of the property for many years preceding the commencement of this litigation. The County used the land as a parking lot for the nearby Shelby County Penal Farm. The AppelleesR... More...   $0 (12-17-2015 - TN)

State Of Connecticut v. Santiago

Vengeance has no place in the orderly administration of justice by a civilized society. It certainly can never serve as the justification for the death penalty in today's world. My review of the text and legislative history of the public act under consideration, No. 12-5 of the 2012 Public Acts (P.A. 12-5), leads me to the inescapable conclusion that vengeance was the motivating factor underlying ... More...   $0 (12-15-2015 - CT)

Jesse A. Smith, Jr. v. Joseph E. Boudreaux

Oklahoma City, OK - Jesse A. Smith, Jr. sued Joseph E. Boudreaux on an auto negligence theory claiming:

1. Plaintiff, Jesse A. Smith, Jr., is now, and at all times mentioned in the pe ition, resident of Oklahoma County, State of Oklahoma.
2. Defendant, Joseph F. Boudreaux. on information and belief, is a residunt of Lincoln County, State of Oklahoma, and the claims alleged herein aros... More...
   $1 (12-10-2015 - OK)

Donnis Lawson, Estate of Jimmy David Lawson and Shawn Lawson v. Frank W. Frasier, Frank W. Frasier, P.C., Frasier Frasier & Hickman, L.L.P., Henry A. Meyers, III, Meyers & Leonard, P.L.L.C. and Charles J. Watts

Tulsa, OK - Donnis Lawson, Estate of Jimmy David Lawson and Shawn Lawson sued Frank W. Frasier, Frank W. Frasier, P.C., Frasier Frasier & Hickman, L.L.P., Henry A. Meyers, III, Meyers & Leonard, P.L.L.C. and Charles J. Watts on professional negligence theories claiming:
This Court has jurisdiction of this case because it involves claims by citizens of Oklahoma against natural and corporate cit... More...
   $0 (12-07-2015 - OK)

State of Louisiana v. Laderick Johnson

On August 13, 2013, Shreveport Police were dispatched to the
GameStop located at 7141 Youree Drive in Shreveport, Louisiana, on a
complaint of an armed robbery. Surveillance tape showed a man dressed in
a gray Minecraft T-shirt and red baseball cap enter the store at about 12:00
p.m. Devin Dobson, a female employee at the GameStop, testified that after
walking around the stor... More...
   $0 (12-06-2015 - LA)

Michael A. Howard v. Cullman County and Barry Willingham, Revenue Commissioner of Cullman County

The revenue commissioner for each county is responsible for the assessment of property for the purpose of taxing the property, collecting those taxes, and making reports concerning the same. County property taxes are due on October 1 of each year and must be paid by December 31 to avoid incurring a late fee. Before its amendment during the course of this action, § 40-7-42, Ala. Code 1975 (hereina... More...   $0 (12-06-2015 - AL)

BNSF RAILWAY COMPANY v. JAMES E. PHILLIPS

James Phillips sued his employer, BNSF Railway Company, under the Federal Employers’
Liability Act (FELA) and the Locomotive Inspection Act (LIA) to recover damages for a latent
occupational injury. After a jury trial, Phillips secured a judgment awarding him damages and costs,
and a divided court of appeals affirmed. 434 S.W.3d 675. BNSF filed a petition for review in this
Cour... More...
   $0 (12-04-2015 - TX)

MIDWEST RAILCAR v. S.D. DEP’T OF REVENUE

Although procedurally this case involves an appeal from one administrative proceeding, the case implicates two distinct tax issues. For ease of reading, we separately describe the facts related to each.
1. Use Tax Assessed on Parts and Materials used by Midwest for CarMath and M&C Leasing Railcars
[¶3.] Midwest Railcar Repair, Inc. is owned by Greg Carmon and is in the
business... More...
   $0 (11-25-2015 - SD)

XANADU EXPLORATION COMPANY v. WELCH

Operator filed its petition below seeking appointment of surface damage appraisers pursuant to §318.5, alleging it had been unable to reach an agreement with the surface owner, Defendant/Appellee Gary Welch (Owner). Each party nominated an appraiser, and the nominated appraisers selected a third appraiser.

¶3 Owner objected to the legal description in the petition, asserting Operator's op... More...
   $0 (11-16-2015 - OK)

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