Burlington Northern Railroad v. Stone Container Corp.

Opinion by

Judge BRIGGS.

Plaintiff, Burlington Northern Railroad Company (railroad), appeals the award of damages on its judgment for indemnification against defendant, Stone Container Corporation (landowner). The landowner cross-appeals the judgment. We affirm the judgment against the landowner for indemnification, vacate the award of damages, and remand the cause for further findings regarding, and if necessary reconsideration of, the award of damages.

The landowner purchased industrial property serviced by the railroad. The predecessor in interest to the landowner had entered into an…