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EMPLOYERS MUTUALS v. MINNEAPOLIS, ETC., R. CO.

258 Wis. 133 (1950)

EMPLOYERS MUTUALS, Appellant, vs. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

December 5, 1950.

Attorney(s) appearing for the Case

For the appellant there was a brief by O'Melia & Kaye of Rhinelander, and oral argument by John F. O'Melia.

Reginald W. Nelson of Milwaukee, for the respondent.

BROADFOOT, J.

The first question to be determined is whether the gravel road running from U. S. Highway 13 easterly to the railway property leased by the county and the oil company is a public highway or a private crossing. The evidence discloses that this road had been traveled since approximately the year 1914. The building used by Price county was first used by a pickle company and later by a potash company before being leased to the county. The bulk oil station...

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