Irish v. BSNF Railway Co.

Dist. Ct. did not err in dismissing plaintiffs' claim alleging under theories of negligence and nuisance that train trestle maintained by defendant-railroad became clogged with debris during rain storm and caused plaintiffs' properties to incur widespread flooding, where Dist. Ct. properly found that section 88.87 of Wisc. Statutes provided exclusive remedy for plaintiffs' claims, and where plaintiff had failed to follow statutory notice provisions required for proceeding on their claims. Ct. further noted that section 88.87 precluded plaintiffs' request for monetary relief and held that plaintiffs waived current argument that section 88.87 did not apply to instant lawsuit alleging only failure to maintain railroad trestle.