Caldon v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washburn County. At a certain point in Washburn county the railroad track of the defendant railway company is crossed by a private logging^ railroad known as the “ Crescent Springs Railroad,” which is constructed entirely upon the land of the Shell Lake Lumber Company, and is owned and operated exclusively by that company, by steam power, for its own benefit in carrying on its lumbering business. Such logging railroad is not fenced..
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APPEAL from the Circuit Court for Washburn County. At a certain point in Washburn county the railroad track of the defendant railway company is crossed by a private logging^ railroad known as the “ Crescent Springs Railroad,” which is constructed entirely upon the land of the Shell Lake Lumber Company, and is owned and operated exclusively by that company, by steam power, for its own benefit in carrying on its lumbering business. Such logging railroad is not fenced.. The track of defendant’s railroad is properly fenced and guarded, with the exception (if it be an exception) that the 'openings…
1Opinion of the CourtLvon, C. J.
The determination of the case on this appeal depends upon the construction given to that portion of sec. 1810, R. S., as amended by ch. 193, Laws of 1881, which reads as follows: “ Every railroad corporation operating any railroad shall erect and maintain on both sides of any portion of its road (depot grounds excepted) good and sufficient fences of the height of four and a half feet, with openings or gates or bars therein, and suitable and convenient farm crossings of the road for the use of the occupants of the lands adjoining, and shall construct and maintain cattle guards at all highway…
2Cited by2 opinions
- Manitowoc Clay Product Company v. Manitowoc, Green Bay & Northwestern Railway Co.Wisconsin Supreme Court · 1908
- Sixmile Creek Associates, Inc. v. Chicago & North Western Transportation Co.Court of Appeals of Wisconsin · 1993