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METRO. SEW. DIST. v. CHICAGO, M., ST. P. & P. RR.

Nos. 495, 517.

69 Wis.2d 387 (1975)

230 N.W.2d 651

METROPOLITAN SEWERAGE DISTRICT OF THE COUNTY OF MILWAUKEE, acting by and through the Sewerage Commission of the City of Milwaukee, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Respondent. METROPOLITAN SEWERAGE DISTRICT OF THE COUNTY OF MILWAUKEE, acting by and through the Sewerage Commission of the City of Milwaukee, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Schroeder, Gedlen, Riester & Moerke, Ewald L. Moerke, Jr. and Robert Arthur Melin, all of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

For the respondent there was a brief by Godfrey & Trump, attorneys, and Richard R. Robinson of counsel, all of Milwaukee, and oral argument by Mr. Robinson.

Case No. 517:

For the appellant there were briefs by Godfrey & Trump, attorneys, and Richard R. Robinson of counsel, all of Milwaukee, and oral argument by Mr. Robinson.

For the respondent there was a brief by Schroeder, Gedlen, Riester & Moerke, Ewald L. Moerke, Jr. and Robert Arthur Melin, all of Milwaukee, and oral argument by Ewald L. Moerke, Jr.

BEILFUSS, J.

One of the significant factual differences in the two cases is that the new bridge was relocated and built about 100 feet from the old one in the KK River project, and the new bridge in the Lincoln Creek project was rebuilt at the same location as the old bridge.

In 1895 the railroad constructed a bridge across the southeastern branch of the KK River in the city of Milwaukee to carry the railroad's main line of tracks between Chicago and Milwaukee...

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