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WOODS v. BURLINGTON NORTH. AND SANTA FE RY.

No. 03-139.

104 P.3d 1037 (2004)

2004 MT 332

324 Mont. 151

Lillian Thompson WOODS, Independent Administratix of the Estate of Andre G. Woods, Deceased, Petitioner and Appellant, v. The BURLINGTON NORTHERN AND SANTA FE RAILWAY, Defendant and Respondent.

Supreme Court of Montana.

Decided November 23, 2004.

Attorney(s) appearing for the Case

For Appellant: Alexander Blewett III, Hoyt & Blewett, Great Falls, Montana.

For Respondent: Randy J. Cox, Boone Karlberg, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Lillian Woods (Lillian), the widow of Andre "Pete" Woods (Woods), appeals the District Court's determination that Burlington Northern Santa Fe Railroad (BNSF or the Railroad) was not negligent per se when one of its employees, Gordon Holloway (Holloway), failed to comply with the terms of a track warrant. The resulting collision caused Woods' death. We reverse and remand.

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