Metropolitan Sewerage District of Milwaukee v. Chicago & North Western Railway Co.

The broad issue is who is liable for the costs of construction of the new railroad bridge over the relocated stream bed of the Kinnickinnic River when the relocation was occasioned by the Sewerage Commission. 1

*121This issue, in the main, is controlled by our opinion in Metropolitan Sewerage District v. Chicago M. St. P. & P. R., 69 Wis.2d 387, 230 N.W.2d 651 (1975). The reasoning of that opinion will not be restated here in any detail.

The railroad tracks of the defendant-respondent railroad company, known as the Green Spur, cross the Kin-nickinnic River in the City of Milwaukee in the area…