Wisconsin Public Service Co. v. Railroad Commission

The appellants herein will be referred, to as the “street railway” and the respondents as the “railroad.”

The trial court based its decision upon the holding of this court in the case of State ex rel. Northern Pac. R. Co. v. Railroad Comm. 140 Wis. 145, 121 N. W. 919. That case involved a crossing of a senior railroad by a junior. It was expressly held that the junior road, under the provisions of sub. 6, sec. 1828, Stats. 1898, now sub. (6) of sec. 190.12 of the Statutes, had the right to cross the senior road, but that the entire expense of constructing and maintaining the crossing must be…