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SOUTHERN PACIFIC TRANSPORTATION CO. v. SABIN

513 P.2d 500 (1973)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellant, v. Richard W. SABIN, Public Utility Commissioner of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 27, 1973.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Dezendorf, Spears, Lubersky & Campbell, Oglesby H. Young and John Wiley Gould, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

LANGTRY, Judge.

Plaintiff's railroad tracks intersect with Harmony Road in Clackamas County near the City of Milwaukie. Approximately 30 feet north of the grade crossing, Railroad Avenue and Linwood Avenue intersect with Harmony Road. The grade crossing is protected by an electric "wig-wag" signal. Switching operations on a siding near the grade crossing cause the "wig-wag" to be activated twice a day for periods of up to 45 minutes when no train is about to use the...

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