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AG PARTNERS v. CHICAGO CENT. & PAC. R. CO.

No. 05-1112.

726 N.W.2d 711 (2007)

AG PARTNERS, L.L.C., Appellee, v. CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY, d/b/a Canadian National/Illinois Central Railroad, Appellant.

Supreme Court of Iowa.

January 26, 2007.

Attorney(s) appearing for the Case

Edward J. Krug of Krug Law Firm, P.L.C., Cedar Rapids, for appellant.

Tony R. Krall of Hanson, Lulic & Krall, L.L.C., Minneapolis, MN, and Robert W. Brinton of Brinton, Bordwell & Johnson, Clarion, for appellee.

CADY, Justice.

In this appeal from a judgment for damages based on a claim for negligence, we must decide if the district court properly overruled a motion for directed verdict on a claim for the costs of repair to damaged property predicated on stipulated evidence of the parties. We find the district court should have granted the motion for directed verdict, but not without further considering Ag Partners' request to reopen the evidence. As a result, we remand the...

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