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HINES v. ILLINOIS CENTRAL GULF R.R.

No. 67710.

330 N.W.2d 284 (1983)

Donald R. HINES, Jr., Appellee, v. ILLINOIS CENTRAL GULF RAILROAD, Appellant, Damon Gene Davis, Defendant, and City of New Hartford, Iowa, Appellant.

Supreme Court of Iowa.

February 16, 1983.

Attorney(s) appearing for the Case

Don W. Burington and Joel J. Yunek of Laird, Burington, Bovard, Heiny, McManigal & Walters, Mason City, for appellant, City of New Hartford, Iowa.

James D. DeKoster and Joel J. Yunek of Swisher & Cohrt, Waterloo, for appellant, Illinois Central Gulf R.R.

C.A. Frerichs, Waterloo, for appellee.

Bennett A. Webster of Gamble, Riepe, Burt, Webster & Davis, Des Moines, for the amicus curiae Chicago & Northwestern Transp. Co.

Considered by LeGRAND, P.J., and McCORMICK, McGIVERIN, LARSON and SCHULTZ, JJ.

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...

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