Formicove, Inc. v. Burlington Northern, Inc.

The Honorable GORDON R. BENNETT,

District Judge, sitting for MR. CHIEF JUSTICE HASWELL delivered the opinion of the Court.

Plaintiff, Formicove, Inc., appeals from a summary judgment granted Burlington Northern, Inc. (BN), by the District Court of the Eighth Judicial District, Cascade County.

BN has a railroad embankment situated between Formicove’s property and the Missouri River. Two culverts run under the embankment. In May of 1980 and June of 1982 Formicove’s basement was flooded by surface waters. Formicove claims BN’s failure to maintain its culverts caused the surface waters to flood…