WEST PLAINS, Mo. (AP) _ A Missouri rancher is suing a railroad over the deaths of more than 50 head of cattle after flooding.
Randy Hoover and Sons LLC alleges BNSF failed to provide adequate drainage to the elevated berms on which its train tracks are built. The Springfield News-Leader reports the lack of drainage caused water to dam up and overrun a farm near West Plains, wiping out fencing.
KY3 in Springfield reports court documents say Hoover owns land near the intersection of Highway ZZ and County Road 8890, bordering the railroad.
The lawsuit says Hoover’s 350 head of cattle grazed that land up until the historic flooding in April of last year.
The lawsuit says between 25 and 30 steer and 25 and 30 cows left Hoover’s land through the damaged fencing and never made it back. Some died of dehydration, others he said died after they were struck by BNSF trains.
In letters sent to BNSF, Hoover says he has found cattle in various states of decay as recent as April of this year, stressing this is an on-going issue.
Hoover also claims ‘massive’ quantities of gravel surrounding the railway were washed onto his property, killing grass and posing a risk to the remaining cattle.
The lawsuit states Hoover has repaired some of the fencing at his own expense.
The lawsuit goes on to say the area has not had maintenance, upkeep or repairs in the past 20 years.
Documents show Hoover has tried reaching the company multiple times since the incident happened, but the company has not responded or taken any action to correct the problems.
BSNF has not formally replied to the allegations in federal court.
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