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JOHNSTON v. NORFOLK SOUTHERN CORPORATION

No. 88-1617.

448 N.W.2d 486 (1989)

Robert E. JOHNSTON and Delores M. Johnston, Appellees, v. NORFOLK SOUTHERN CORPORATION and its subsidiary Norfolk and Western Railway Company, Appellants.

Supreme Court of Iowa.

As Amended on Denial of Rehearing December 21, 1989.

Attorney(s) appearing for the Case

Randy Duncan, Hugh J. Cain, and Timothy C. Hogan of Duncan, Jones, Riley & Finley, P.C., Des Moines, for appellants.

Donald G. Beattie of Skinner, Beattie & Wilson, P.C., Altoona, for appellees.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO, and ANDREASEN, JJ.

CARTER, Justice.

Defendant Norfolk Southern Corporation and its subsidiary, defendant Norfolk and Western Railway Company (hereinafter referred to collectively as Norfolk), appeal from a judgment against them in favor of plaintiffs, Robert E. Johnston and Delores M. Johnston. Plaintiffs had sought recovery for the subsidence of their property as a result of a landslide allegedly caused by defendants' negligence. The jury awarded the plaintiffs $12,000 in compensatory...

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