BOSWELL v. BURLINGTON NORTHERN R. CO.

No. 65662.

898 S.W.2d 155 (1995)

Virgil and Vivian BOSWELL, Plaintiffs/Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

May 23, 1995.


Attorney(s) appearing for the Case

Tracy Anne Gilroy, Draheim & Pronschke, St. Louis, for appellants.

Paul E. Littleton, Daniel M. Buescher, Brasher Law Firm, St. Louis, for respondent.

Before CRANE, P.J., and CRANDALL and DOWD, JJ.


ORDER

PER CURIAM.

Plaintiffs, Virgil Boswell and Vivian Boswell, appeal from the judgment of the trial court, entered pursuant to a jury verdict, in favor of defendant, Burlington Northern Railroad Company, in an action to recover damages for the partial flooding of their real estate. Plaintiffs' brought the action under § 389.660, RSMo (1994) which required railroads to provide proper drainage through railroad rights-of-ways.

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