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FARRIS v. UNION PACIFIC R. CO.

No. 19947.

866 P.2d 189 (1993)

124 Idaho 932

James Ronald FARRIS; Charley Edwards and Darlene Edwards, (heirs at law of Brian Edwards), Plaintiffs-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Utah corporation; Idaho Transportation Department, a political subdivision of the State of Idaho, Defendants-Respondents. and Canyon Highway District No. 4, a political subdivision of the State of Idaho, Defendant.

Court of Appeals of Idaho.

December 15, 1993.

Attorney(s) appearing for the Case

Manweiler, Bevis & Cameron, P.A., Boise, for plaintiffs-appellants. Howard I. Manweiler argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for defendant-respondent Union Pacific R.R. John Christopher Lynch argued.

Hall, Farley, Oberrecht & Blanton, Boise, for defendant-respondent Transp. Dept. J. Michael Kulchak argued.

SUBSTITUTE OPINION

The Court's prior opinion dated October 19, 1993, is hereby withdrawn.

WALTERS, Chief Judge.

This is an appeal from a summary judgment dismissing a wrongful death action against a railroad company. On appeal, we are asked to decide whether a railroad company may be found negligent for failing to install warning devices at its crossings in addition to those required by statute or other...

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