Irish v. BNSF Ry. Co.

The village, on the Mississippi River, experienced a 500-year rain in 2007. Debris carried by the water clogged the trestle beneath the railroad bridge, causing runoff to back up and inundate the village. Residents sued the railroad, alleging faulty design and maintenance of the trestle. The district court dismissed for failure to state a claim, holding that Wis. Stat. 88.87 provided the exclusive remedy and that relief was foreclosed under that statute because plaintiffs had not filed a timely notice of claim. The statute imposes a duty on railroad companies that construct and maintain railroad grades in or across drainage courses not to impede the flow of surface water in an unreasonable manner and grants injured landowners the right to sue for equitable relief and inverse condemnation but not damages. The Seventh Circuit affirmed. Plaintiff forfeited claims that section 88.87 did not apply, so the court declined to address preemption by the Federal Railway Safety Act. View "Irish v. BNSF Ry. Co." on Justia Law