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BORDEN CO. v. MINNEAPOLIS, ST. P. & S. S. M. R. CO.

270 Wis. 601 (1955)

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

Supreme Court of Wisconsin.

October 11, 1955.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Reginald W. Nelson of Milwaukee.

For the respondent there was a brief by Pors Pors of Marshfield, and oral argument by Charles M. Pors and William P. Pors.

MARTIN, J.

The Borden Company truck was a private motor carrier, as defined in sec. 194.01 (14), Stats., and the first issue raised on this appeal is the application of sec. 85.92 (2), which provides, so far as material:

"Any person operating any motor vehicle described in ss. . . . 194.01 or a vehicle carrying inflammable liquids in quantities over 100 gallons who shall drive any such vehicle on or across a grade crossing with the main-line tracks of any...

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