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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Railway Co.

857 F. Supp. 838 (1994)

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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Railway Co.

United States District Court for the District of New Mexico
857 F. Supp. 838 (1994)

  • Written by Sharon Feldman, JD

Facts

Atchison, Topeka and Santa Fe Railway Co. (ATSF) (defendant) owned and operated a facility for treating and preserving wooden railroad ties. The facility had operated for almost 65 years. ATSF’s facility was adjacent to land owned by Schwartzman, Inc. (plaintiff). Schwartzman sued ATSF for trespass, among other causes of action, claiming that ATSF improperly stored and disposed of chemical waste that contaminated the groundwater and made Schwartzman’s land unsaleable. ATSF tested the soil and groundwater on one of Schwartzman’s tracts and found evidence of contamination. Schwartzman did not test the soil or groundwater of its other six tracts. Schwartzman’s three experts opined that it was highly likely or more than likely that contamination reached all of Schwartzman’s tracts because of how long the treatment facility had been operating and the speed with which groundwater in the area moved. The experts acknowledged that additional sampling needed to be done to determine the extent to which the contamination had migrated. ATSF moved for summary judgment, contending that there was no genuine issue of material fact as to whether the contamination migrated to Schwartzman’s land.

Rule of Law

Issue

Holding and Reasoning (Burciaga, J.)

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