WELLS v. CHICAGO & NORTH WESTERN TRANSP. CO.

No. 78-278.

98 Wis.2d 328 (1980)

296 N.W.2d 559

Cecelia WELLS and Robert H. Wells, Plaintiffs-Respondents-Petitioners, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Defendant-Respondent and Third-Party Plaintiff-Respondent, William COTTER and Clarice Cotter, Defendants-Appellants and Third-Party Defendants-Appellants, MARQUETTE COUNTY, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided September 30, 1980.


Attorney(s) appearing for the Case

For the respondents-petitioners there was a brief by Daniel G. Sandell and Johnson, Swingen & Sandell, S.C., of Madison, and oral argument by Daniel G. Sandell.

For defendants-appellants and third-party defendants-appellants there was a brief by Clyde C. Cross, Karen Mercer and Cross & Mercer of Baraboo, and oral argument by Clyde C. Cross.


Affirming 91 Wis.2d 565, 283 N.W.2d 471.

SHIRLEY S. ABRAHAMSON, J.

The question on this review is whether the owner-occupant of land who fails to cut the brush or adequately trim the trees on certain land abutting a railroad highway grade crossing in violation of sec. 195.29(6), Stats., is subject to civil liability under the statute for damages caused to a highway traveler as a result...

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