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WELLS v. CHICAGO & NORTH WESTERN TRANSP. CO.

No. 78-278.

91 Wis.2d 565 (1979)

283 N.W.2d 471

WELLS, and another, Plaintiffs-Respondents, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Defendant-Respondent and Third-Party Plaintiff-Respondent: COTTER, and another, Defendants-Appellants and Third-Party Defendants-Appellants: MARQUETTE COUNTY, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided August 24, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Clyde C. Cross, Karen A. Mercer and Cross, Wagner and Mercer, of Baraboo.

For the respondents the cause was submitted on the brief of Daniel G. Sandell and Johnson, Swingen and Sandell of Madison.

Before Dean, P.J., Donlin, J., and Foley, J.

FOLEY, J.

The Cotters appeal from an order denying their motion for summary judgment against the plaintiffs and against co-defendant Chicago and North Western Transportation Company. The only negligence alleged against the Cotters is that they violated sec. 195.29 (6), Stats., by failing to cut brush and trim trees on their property located at a railroad highway grade crossing. We hold that a violation of sec. 195.29 (6) by a private landowner does not create civil...

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