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PETERS v. BURLINGTON NORTHERN R. CO.

No. 91-1025.

492 N.W.2d 399 (1992)

Bill L. PETERS, Individually, and Peters Construction Company, Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee.

Supreme Court of Iowa.

November 25, 1992.

Attorney(s) appearing for the Case

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

Paul D. Lundberg of Shull, Cosgrove, Hellige, Du Bray & Lundberg, Sioux City, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

Plaintiffs sought compensatory and punitive damages for defendant railroad's removal of private roadway and crossing which deprived them access to their gravel excavation business. The district court granted the defendant a directed verdict. Plaintiffs appealed, asserting that Iowa Code section 327G.11 (1987) requires a railroad to install and maintain an adequate roadway when a person's land is bisected by a railway. Plaintiffs urge that the railroad...

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