Village of Big Lake v. BNSF Railway Co.

CYNTHIA L. MARTIN, Judge.

Village of Big Lake, Missouri (“Big Lake”) appeals from the trial court’s grant of summary judgment in favor of BNSF Railway Company, Inc. (“BNSF”) and Massman Construction Co. (“Massman”) (collectively “Respondents”). The Respondents claimed that language in permit agreements between Big Lake and BNSF’s predecessor, Burlington Northern Railroad, released Big Lake’s claims for negligence and trespass relating to damage to Big Lake’s underground water lines and a fire hydrant. Because genuine issues of material fact as to which Respondents bear the burden of proof and…