State v. Chicago, Milwaukee & St. Paul Railway Co.

The work on the trunk highway in question here was being done pursuant to the provisions of secs. 1312 to 1317, Stats., providing for the state trunk highway system under federal aid and under the direction of the said highway commission, under the provision of secs. 1317m — 1 el seq.

The authority to require the defendant railroad corporation to either do the concrete surfacing itself of pay the cost thereof when done by the commission is based upon *608the provisions of sec. 1299h — 1 (now sec. 81.20, Stats.), the parts of which material here are as follows:'

Section 1299h — 1. 1. “Whenever any .…