Chi. & N. W. Ry. Co. v. R.R. Comm'n

• Decision Date: 22 June 1925
• Parties: CHICAGO & N. W. RY. CO. v. RAILROAD COMMISSION.
• Court: Wisconsin Supreme Court

187 Wis. 375

204 N.W. 610

CHICAGO & N. W. RY. CO.

v.RAILROAD COMMISSION.

Supreme Court of Wisconsin.

June 22, 1925.

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

Action by the Chicago & North Western Railway Company to review an order of the Railroad Commission of Wisconsin. From judgment affirming order, plaintiff appeals. Affirmed.

The action involves an order of the Railroad Commission of Wisconsin, dated June 12, 1922, assessing the plaintiff $5,000 benefits on account of the relocation of state trunk highway No. 55 in Washington county, Wis. State trunk highway No. 55 is one of the main thoroughfares for vehicular traffic from Milwaukee to Fond du Lac and points beyond. It is a heavily traveled highway, and the county of Washington proposes to improve the same by the construction of an 18-foot concrete roadway. Between the villages of Barton and Kewaskum this highway crossed appellant's right of way and tracks at grade in two places, located about 3 miles apart. Between these two crossings an east and west highway crossed the track at grade, connecting with, and crossing, highway No. 55 east of plaintiff's track. The county proposed to relocate a portion of said highway No. 55 by locating a new highway on the west side of, and adjacent to, appellant's right of way, extending the entire distance between the two grade crossings first mentioned. By the relocation proposed, the county claimed that the through traffic would be diverted from the two grade crossings. It was not proposed to close any of the three grade crossings, as they would have to be kept open to the public for access to points east and west of the railroad. Between the two crossings first mentioned, the old highway passes over several ledges, and to improve it as the county proposed to improve the new highway would have necessitated the reduction of the grades thereon to the standard of not exceeding 5 per cent. This would mean the cutting down of some of the hills and filling up some of the depressions. The estimate of the county highway engineer showed that, to improve the old highway between the crossings, would have cost $123,569.96, including an 18-foot concrete pavement, and to construct the new highway, including right of way, fences, bridges, and paving, would cost $122,315.09. This it is claimed, would result in a saving to the county of over $1,200. The county engineer testified that the real advantage gained by the relocation was the avoidance of the two grade crossings. He also testified that another reason was the reduction in the length of the pavement, straightening of the road, and the elimination of the hills. The county engineer also estimated that the cost of grading and paving the portion of the old highway across appellant's right of way would be approximately $4,566, but it is claimed that this figure made no allowance for the actual track zone which would not be paved. The plaintiff's division engineer testified that the relocation would result in no benefit whatever to appellant, but, on the contrary, would introduce a new hazard in the railroad operation, caused by the...