Homan v. Chicago & Northwestern Transportation Co.

WOLLMAN, Chief Justice.

Appellant appeals from an order dismissing defendants Bowers Construction, Inc. (Bowers) and Henry Township (township), and from a judgment entered in favor of Chicago and Northwestern Transportation Company (railroad). 1 We affirm.

This was an action for damages arising out of an incident in which appellant’s garbage truck struck the underside of a railroad bridge owned by the railroad in Henry Township, Codington County. Appellant and one Mike Dailey operated a commercial garbage hauling business. Dailey’s regular route traversed the township road on which the railroad…