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EMPLOYERS MUT. CAS. v. CHICAGO & NO. WEST.

No. 93-202.

521 N.W.2d 692 (1994)

EMPLOYERS MUTUAL CASUALTY COMPANY, Subrogee of Iowa Limestone Company, and R.D. Stewart, Inc., Appellee, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant.

Supreme Court of Iowa.

Rehearing Denied October 17, 1994.

Attorney(s) appearing for the Case

Bruce Johnson of Gamble & Davis, A P.C., Des Moines, for appellant.

Sharon Soorholtz Greer and Joel Greer of Cartwright, Druker & Ryden, Marshalltown, and E. Frederick Davison and Jeffrey R. Learned of Denenberg, Tuffley & Jamieson, P.C., Grand Rapids, MI, for appellee.

Considered by HARRIS, P.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.

NEUMAN, Justice.

This appeal stems from a subrogation action brought by plaintiff Employers Mutual Casualty Company to recover sums paid to its insureds as a result of negligence by employees of defendant Chicago & North Western Transportation Company. From a verdict for the insurer, the railroad appeals. We reverse and remand.

I. Facts and Proceedings.

In March 1990, a railroad engine owned by Chicago and North Western Transportation...

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