IRISH v. BNSF RY. CO.

No. 11-1211.

674 F.3d 710 (2012)

Kenneth IRISH, et al., Plaintiffs-Appellants, v. BNSF RAILWAY COMPANY, f/k/a Burlington Northern and Santa Fe Railway Company, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 2012.


Attorney(s) appearing for the Case

Lynn R. Laufenberg (argued), Attorney, Laufenberg & Hoefle, Milwaukee, WI, for Plaintiffs-Appellants.

Timothy R. Thornton (argued), Attorney, Briggs & Morgan, Minneapolis, MN, for Defendants-Appellees.

Before BAUER, ROVNER and WILLIAMS, Circuit Judges.


ROVNER, Circuit Judge.

This is a lawsuit in search of a viable theory of recovery. The plaintiffs have sued the BNSF Railway Company and Burlington Northern and Santa Fe Railway Company (collectively "Burlington Northern"), along with two Burlington Northern employees, under theories of negligence and nuisance for damage that occurred to their homes after a BNSF trestle became clogged with debris during a rainstorm, resulting in widespread flooding. The district court...

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