Chicago & North Western Railway Co. v. Public Service Commission

The disposition of this case involves the consideration of two statutes: Sec. 195.29 (1) and (2), 1 and sec. 195.28. 2 The initial issue is whether sec. 195.29 (1) is applicable, and this depends upon the meaning of the word “alteration” as used in the statutes.

The facts of this case are undisputed. The appellant’s railroad tracks cross Decorah road within the city limits of West Bend. The city decided to widen Decorah road in the area of the crossing from 19.5 feet to 40 feet.

Except for a length of road a few hundred feet on either side of the railroad crossing, Decorah road had been widened…