Hines v. Illinois Central Gulf Railroad

SCHULTZ, Justice.

This appeal involves an action for damages arising out of an auto-train collision. We must decide whether the Iowa Department of Transportation (DOT) or the fact finder in a judicial proceeding should determine whether a railroad crossing is extra-hazardous. This issue depends upon the applicability of Iowa Code section 307.-26(5)(b). The pertinent language in this section provides: “[a] railroad crossing shall not be found to be particularly hazardous for any purpose unless the [DOT] has determined it to be particularly hazardous.” 1 The district court interpreted this…