Formicove, Inc. v. Burlington Northern, Inc.

I dissent from the majority holding that LeMunyon and case law consistent with that 1921 opinion misconstrue Section 69-4-240, MCA. Nothing in the statutory language nor the legislative history indicates that the Montana legislature intended to hold railroads to a higher duty of care in managing surface water than the duty imposed on other property owners.

“An uphill property owner owes no duty to his downhill neighbor to prevent the encroachment of such vagrant or surface waters from his property onto his neighbor’s. LeMunyon v. Gallatin Valley Ry . Co., 60 Mont. 517, 199 P. 915. This…