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GREEN BAY & W. R. CO. v. PUBLIC SERVICE COMM.

269 Wis. 178 (1955)

GREEN BAY & WESTERN RAILROAD COMPANY, Appellant, vs. PUBLIC SERVICE COMMISSION, Respondent: STATE HIGHWAY COMMISSION, Intervenor.

Supreme Court of Wisconsin.

March 8, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Welsh, Trowbridge, Wilmer & Bills of Green Bay, and oral argument by F. N. Trowbridge.

For the respondent there was a brief and oral argument by William E. Torkelson, chief counsel.

For the intervenor there was a brief by the Attorney General and Richard E. Barrett, assistant attorney general, and oral argument by Mr. Barrett.

CURRIE, J.

The following issues are raised on this appeal:

(1) Is the Public Service Commission required under sec. 195.29 (1), Stats., to make an ultimate finding of fact that the establishment of a proposed new highway crossing across a railroad at grade will promote the "public safety" as a condition precedent to issuing an order authorizing such proposed new crossing?

(2) If such finding of ultimate fact is required by the commission, was...

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