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SYMMONDS v. CHICAGO, M., ST. P. & P.R. CO.

No. 2-57379.

242 N.W.2d 262 (1976)

Addie M. SYMMONDS, Administrator of the Estate of Virgil S. Sprague, Deceased and David W. Herring, Administrator of the Estate of Bertha J. Herring, Plaintiffs, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, et al., Defendants. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Cross-Petitioner-Appellant, v. SCOTT COUNTY, Iowa, Cross-Petition Defendant-Appellee.

Supreme Court of Iowa.

May 19, 1976.

Attorney(s) appearing for the Case

Randy Duncan, of Duncan, Jones, Riley & Finley, Des Moines, and Robert A. Van Vooren, Davenport, for appellant.

Seymore M. Raben, Davenport, for appellee.

Heard by REYNOLDSON, Acting C.J., and MASON, RAWLINGS, REES and HARRIS, JJ.

REYNOLDSON, Acting Chief Justice.

This appeal presents the issue whether a county may be liable in damages for failure to place a stop sign on a secondary road at a particularly dangerous railroad crossing where no warning devices were installed by the railroad.

December 17, 1972 at about 12:45 A.M., plaintiffs' decedents were killed when the automobile in which they were riding was struck by a Chicago, Milwaukee, St. Paul and Pacific Railroad Company train...

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