Legal Opinion

Acker v. Burlington Northern & Santa Fe Railway Co.

District Court, D. Kansas

Decided September 22, 2005No. 00-2487-JWLPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Plaintiffs Ralph E. and Wilma J. Acker and Everseal Gasket, Inc. brought this negligence action alleging that defendant Burlington Northern and Santa Fe Railway Company caused flooding in their gasket manufacturing plant when defendant left several cars of one of its trains on the tracks adjacent to a watercourse during a torrential rainstorm. According to plaintiffs, defendant’s actions resulted in a dam effect, backing up water into their plant.

In January 2005, the Honorable G. Thomas VanBebber held a trial in the case, and the jury returned a…

2Cases cited20 opinions

  1. Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
  2. Deters v. Equifax Credit Information Services, Inc.Court of Appeals for the Tenth Circuit · 2000
  3. Medlock v. Ortho Biotech, Inc.Court of Appeals for the Tenth Circuit · 1999
  4. Aspen Highlands Skiing Corp. v. Aspen Skiing Co.Court of Appeals for the Tenth Circuit · 1984
  5. Coleman v. B-G Maintenance Management of Colorado, Inc.Court of Appeals for the Tenth Circuit · 1997

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3Cited by2 opinions

  1. Ireland v. DodsonDistrict Court, D. Kansas · 2010
  2. Wilkins v. Packerware Corp.District Court, D. Kansas · 2006

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