Acker v. Burlington Northern & Santa Fe Railway Co.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiffs Ralph E. and Wilma J. Acker and Everseal Gasket, Inc. bring this negligence action alleging that Defendant Burlington Northern and Santa Fe Railway Co. caused flooding to their gasket manufacturing plant when Defendant left several cars of one of its trains on the tracks adjacent to a watercourse during a torrential rainstorm. According to Plaintiffs, Defendant’s actions resulted in a dam effect, backing up water into their plant. Plaintiffs claim that because of Defendant’s actions, they incurred hard damages, lost profits, and…