Boorhem-Fields, Inc. v. Burlington Northern Railroad

OPINION

BLEIL, Justice.

This is an appeal from a judgment holding Boorhem-Fields, Incorporated (Boorhem-Fields), MAC Acquisitions, L.P., and Meridian Aggregates Company liable under both tort and breach of contract theories for damages resulting from a train wreck. Boo-rhem-Fields complains of certain jury instructions, the sufficiency of the evidence, the award of attorney’s fees, and the trial court s granting of a partial summary judgment and declaratory relief. We resolve the issues chiefly in favor of Burlington Northern Railroad Company, but conclude that declaratory relief was not…