Gamble-Skogmos, Inc. v. Chicago & North Western Transportation Co.

The issue presented by this appeal is narrowed to answering this single question: Can a railroad be negligent in installing a certain type of warning signals at a crossing when those signals have *770been authorized by an order of the public service commission?

At the trial the director of the bureau of railroad safety for the public service commission testified that there are two basic types of commission orders as to railroad crossing protection devices: (1) those that authorize conduct, and (2) those that require conduct. The first type, authorizing conduct, usually involves an inspection. The…