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KURZ v. CHICAGO, M., ST. P. & P. RR. CO.

No. 144.

53 Wis.2d 12 (1971)

192 N.W.2d 97

KURZ, by Guardian ad litem, and another, Respondents, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Godfrey, Trump & Davidson, attorneys, and Rodger S. Trump of counsel, all of Milwaukee, and oral argument by Rodger S. Trump.

For the respondents there was a brief by Kersten & McKinnon, attorneys, and Arlo McKinnon of counsel, all of Milwaukee, and oral argument by Arlo McKinnon.

HALLOWS, C. J.

The first issue is whether there was sufficient credible evidence to support the jury's finding the railroad was negligent. We shall first consider the evidence in respect to the operation and maintenance of the crossing signals. Bluemound Road at the time of the accident was the main arterial going west out of downtown Milwaukee. At the location of the railroad crossing it is a four-lane highway, two westbound lanes and two eastbound lanes, separated...

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