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GAMBLE-SKOGMOS v. CHGO. & N. W. TRANSP.

No. 581 (1974).

71 Wis.2d 767 (1976)

238 N.W.2d 744

GAMBLE-SKOGMOS, INC., a foreign corporation, and another, Plaintiffs-Respondents, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, a foreign corporation, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Roger S. Bessey, Michael J. Donovan, and Borgelt, Powell, Peterson & Frauen, all of Milwaukee.

For the respondents the cause was submitted on the brief of Irving W. Zirbel and Binder, Zirbel & Howard; and Jeffrey P. Aiken and Frisch, Dudek & Slattery, Ltd., all of Milwaukee.

ROBERT W. HANSEN, J.

The issue presented by this appeal is narrowed to answering this single question: Can a railroad be negligent in installing a certain type of warning signals at a crossing when those signals have been authorized by an order of the public service commission?

At the trial the director of the bureau of railroad safety for the public service commission testified that there are two basic types of...

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