BEMBINSTER v. AERO AUTO PARTS


12 Wis.2d 252 (1961)

BEMBINSTER, Appellant, v. AERO AUTO PARTS, INC., Respondent.

Supreme Court of Wisconsin.

January 10, 1961.


Attorney(s) appearing for the Case

For the appellant there were briefs by Schmitt & Wurster of Merrill, and oral argument by Leonard F. Schmitt.

For the respondent there was a brief by Gorman & Gorman of Wausau, attorneys, and Rieser, Stafford, Lessel-young & Rosenbaum of Madison of counsel, and oral argument by Willard S. Stafford and David A. Gorman.


MARTIN, C. J.

On January 10, 1957, the date of the accident, defendant had possession and control of approximately 60 acres of land near Wausau, upon which premises it operated a business for profit. The property is bisected by a single track of the North Western Railroad running generally east and west. The railroad right of way extends 50 feet north of the north rail of the track. Some of defendant's buildings are located...

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