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ALLEN FREIGHT LINES, INC. v. CONSOL. RAIL CORP.

No. 91-512.

64 Ohio St.3d 274 (1992)

ALLEN FREIGHT LINES, INC. ET AL., APPELLEES, v. CONSOLIDATED RAIL CORPORATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 12, 1992.

Attorney(s) appearing for the Case

McNeal, Schick, Archibald & Biro Co., L.P.A., and William M. Kovach, for appellees.

Gallagher, Sharp, Fulton & Norman and Robert H. Eddy, for appellant Consolidated Rail Corporation.

Danny R. Williams, Kathleen M. Sweeney and LuAnn A. Polito, for appellant city of Cleveland.

MOYER, C.J.

The first issue presented is whether R.C. 5577.05 absolves the appellants from a duty to provide clearance for maximum-height vehicles under the bridge. R.C. 5577.05 states:

"No vehicle shall be operated upon the public highways, streets, bridges, and culverts within the state, whose dimensions exceed those specified in this section.

"* * *

"(C) No such vehicle shall have a height in excess of thirteen feet six inches, with or without...

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