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HARRINGTON v. CHICAGO AND NORTHWESTERN

No. 88-1703.

452 N.W.2d 614 (1989)

William HARRINGTON, Administrator of the Estate of Carol Harrington, Deceased, Plaintiff-Appellant, v. CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, City of Missouri Valley, Iowa, Harrison County, Iowa, Defendants, and State of Iowa, Defendant-Appellee.

Court of Appeals of Iowa.

December 21, 1989.

Attorney(s) appearing for the Case

Michael F. Kinney, Brien M. Welch, and David A. Blagg, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., John R. Perkins, Deputy Atty. Gen., and Robin G. Formaker and Dean A. Lerner, Asst. Attys. Gen., for defendant-appellee.

Heard by SCHLEGEL, P.J., and HAYDEN and SACKETT, JJ.

HAYDEN, Judge.

On August 1, 1986, Carol Harrington was driving south on Willow Road, Missouri Valley, Harrison County, Iowa. As she reached the point where Willow Road intersects with a railroad right-of-way, she was struck and killed by a Chicago and Northwestern train. The crossing was located completely within the corporate boundaries of Missouri Valley, Iowa, and did not involve a primary road. The State did not design, build, or maintain the road nor did it own...

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