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PARGETER v. CHICAGO & N. W. R. CO.

264 Wis. 250 (1953)

PARGETER, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

June 2, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hugh F. Oldenburg, attorney, and Thomas H. Lucas of counsel, both of Madison, and oral argument by Mr. Oldenburg.

For the respondent there was a brief by E. H. Borgelt, Edmund W. Powell, and W. J. Roper, all of Milwaukee, and oral argument by Mr. Roper.

GEHL, J.

Our conclusion that the court erred in finding as a matter of law that plaintiff was guilty of negligence in failing to stop before entering the crossing makes it unnecessary to recite more than we have of the facts.

Sec. 85.92 (1), Stats., provides as follows:

"(1) No operator of a vehicle shall drive on or across a grade crossing with the main-line tracks of any railroad or interurban railroad while...

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