[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, e

Rachel Hall appeals the trial court’s grant of partial summary judgment in favor of the ContiGroup Companies, Inc., et al., on certain of her nuisance claims. Everett and Cindy Peters, co-plaintiffs with Rachel Hall, also contest two of the trial court’s evidentiary rulings in the jury trial of their nuisance claims. The ContiGroup Companies have filed a cross-appeal that is continge

Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah

Dennis Davis, age 56, sued the Burlington Northern Santa Fe Railroad Company (BNSF) claiming that the company misled workers who were exposed to carcinogenic chemicals at a railroad tie-manufacturing plant in Somerville, in Burleson County east of Austin. The 100-year-old railroad tie-manufacturing plant is Somerville’s largest employer. Davis worked there from 1971 until 1995. He was diagn

This certified appeal1 arises from an action brought by the plaintiff, James E. Sullivan, as administrator of the estate of his deceased son, James P. Sullivan (decedent), against the named defendant,2 Metro-North Commuter Railroad Company, for the wrongful death of the decedent resulting from the defendant’s alleged negligence in failing to provide and maintain adequate security at one of

After an airplane flight crashed near Pucalpa, Peru on August 23, 2005, plaintiffs brought claims of product liability and of negligent design, manufacture and warning against defendant The Boeing Company (Boeing), which designed and manufactured the airplane, and defendant United Technologies Corporation (UTC), which manufactured the airplane’s engines. Plaintiffs were the survivors of th

This is a review of a published court of appeals' decision1 that reversed and remanded the decision of the Milwaukee County Circuit Court, Jeffrey A. Kremers and Jean W. DiMotto, Judges.2 The circuit court granted the defendants' ——Virchow Krause & Company, LLP, and Donald Vilione (collectively hereinafter "the accountants")——summary judgment motion thereby dismissing t

Plaintiff Joy Davis1 appeals the district court’s grant of summary judgment to Venture One Construction, Inc. (“Venture One”) on her claim for injuries sustained when, during a remodeling of her employer’s premises, a door, temporarily removed and stored outside of the construction zone, fell on her because it was stored upright and where, if placed there at all, it shoul

Plaintiff Sharon Lucero taught English to 12th grade students during the 2003-04 school year. In the summer of 2004, she was assigned to teach English to 7th graders instead. Following her reassignment, Lucero filed discrimination charges against her school system, its administrators, and members of the school board of trustees. Lucero brought eleven separate claims. The district court granted sum

This appeal requires us to answer the question whether a pier in East Providence, Rhode Island, is--as to the parties in this dispute--to be considered real property ("realty") and so subject to the law of easements or, because of an agreement by the parties' predecessors-in-interest, is personal property ("personalty"). Based on a prior decision of the Rhode Island Supreme Court, we affirm the fe

Appellant State Auto Property & Casualty Insurance Company1 brought a declaratory judgment action in which it sought a determination of the amount of underinsured motorist (UIM) coverage owed to Appellee Pro Design, P.C. At the inception of a single vehicle policy, Appellee signed a form indicating that it waived “stacked” UIM benefits in exchange for a lower premium. Additional vehicl

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKG

This appeal arises out of a storied real estate transaction. Plaintiff and appellant Manhattan Loft, LLC (appellant) purchased certain real property from Sixth & Spring, LLC, subject to an existing lease for a portion of the basement and first floor to Mercury Liquors, Inc. (Mercury). A dispute arose, prompting those with an interest in the lease1 to commence two arbitration proceedings against ap

Appellant Williamson County ("the County") brings this interlocutory appeal from the trial court's denial of its plea to the jurisdiction in a suit for property damages resulting from a collision between appellee Dan Voss's vehicle and a tractor owned and operated by the County. The County asserts on appeal that the trial court erred in denying its plea to the jurisdiction because there is no wai

[¶1] Maine Central Railroad Co. appeals from a summary judgment in favor
of Frank Connolly and Kathryn McCatherin entered in the Superior Court
(Penobscot County, Murphy, J.) declaring that Connolly and McCatherin possess
an easement over Maine Central property. Because we agree with Maine Central
that, based on the record before it, the court erred in entering the summary
j

Plaintiff, Nancy Stamp, brought a personal injury action arising out of a motor vehicle accident and sought a new trial after the jury returned a verdict awarding damages for medical expenses but failing to make an award for pain and suffering or loss of a normal life. The circuit court granted plaintiff’s motion for a new trial on pain and suffering, and loss of a normal life damages limit

Petitioner Hydro Resources, Inc. (“HRI”) challenges a February 6, 2007, U.S. Environmental Protection Agency (“EPA”) Land Status Determination, in which EPA concluded that certain land owned by HRI in the “checkerboard” area of northwestern New Mexico—the so-called “Section 8” land—is “Indian country.” EPA’s Determina

This matter arises from an automobile accident wherein John Keenan, while intoxicated, crashed into a car driven by Laurie Riley and occupied by her future husband, Gregory Riley. The Rileys both suffered injuries, hers resulting in permanent disability. In addition to seeking dram shop liability against two taverns, Naylor's Liquor & Bar (Naylor's) and Farrell's American Bistro (Farrell's

Darryl Roberson and Leslie Hardy Roberson are neighbors of Larrie and Julie Kitchen. The Robersons and Kitchens share a common gated entrance and driveway leading to their respective properties. Prior to either party's ownership, the lots were once a single parcel. In 1973, the land was subdivided, and an easement for ingress and egress was created benefiting the servient estate, the lot currently

Bay Area Council Boy Scouts of America, a/k/a Bay Area Council, Inc. Boy Scouts of America ("Bay Area Council") appeals from a summary judgment granted in favor of Marvin Leon Myers a/k/a Marvin L. Myers ("Myers") in a trespass to try title action concerning a 111-acre tract of land off of Hamilton Pool Road in Travis County, Texas (the "property in dispute"). Bay Area Council contends that summar

¶1 This is a review of a published court of appeals' decision1 that affirmed the decision of the Waushara County Circuit Court, Thomas T. Flugaur, Judge. 1 Heritage Farms, Inc. v. Markel Ins. Co., 2008 WI App 46, 309 Wis. 2d 217, 747 N.W.2d 762.

The circuit court concluded that Heritage Farms, Inc.2 could not be awarded double damages and attorney fees pursuant to Wis. Stat. § 26.21(1

In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants u

In paying Larry Carden monthly benefits under a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), Aetna Life Insurance Company, the insurer and administrator of the plan, offset workers’ compensation benefits that Carden received for an illness unrelated to his disability. Aetna relied on its reading of the plan’s offset provisions a