Toledo, Peoria & Western Railroad v. Burlington Northern, Inc.

Defendant Burlington Northern, Inc., brings this appeal from a judgment for *1,'787,500 entered in favor of plaintiff, Toledo, Peoria & Western Railroad, in a product liability action arising out of a 1970 train derailment which caused numerous explosions and extensive damage at Crescent City, Illinois.

After the catastrophic accident, investigators determined that the derailment occurred when a “hot box” caused a wheel to come off a hopper car identified as car CB&Q 182544 and owned by Chicago, Burlington & Quincy Railroad, a predecessor to defendant Burlington Northern, Inc. In 1946 CB&Q…