Scott Partenfelder v. Steve Rohde

¶ 54. (dissenting). It is important that trains run on time, but it is more important that the people and property of the state be kept safe.

¶ 55. The public safety of the residents of Wisconsin and our established tort law designed to promote public safety in Wisconsin do not necessarily conflict *524with federal standards under the Federal Railroad Safety Act (FRSA), which "promote [s] safety in every area of railroad operations .. . ."1

¶ 56. Like the court of appeals, I recognize that the Federal Railroad Safety Act does not fully replace or supersede Wisconsin's tort law, which protects the…