192 Wis. 226 | Wis. | 1927
The statutes (printed in the margin hereof)
A review of the evidence in this case indicates that the Commission gave it very careful consideration and used its best judgment based thereon. The Commission did not consider its order final, but contemplated further consideration in the future as the necessities of the public safety should require. It indicated a probable future separation of grades at
It seems unnecessary to analyze the statutes to show that the Commission had jurisdiction to enter the order in dispute. They speak plainly for themselves, as a careful reading will disclose.
This court cannot reverse the circuit court and the order of the Commission unless such order is clearly unreasonable, and the burden was on the appellant to show such unreasonableness by clear and satisfactory evidence. Citizens Tel. Co. v. Railroad Comm. IS7 Wis. 498, 146 N. W. 798; Chicago & N. W. R. Co. v. Railroad Comm. 156 Wis. 47, 145 N. W. 216, 974. The order appealed from is not unreasonable in the view of this court.
By the Court. — The judgment of the circuit court is affirmed.
“195.19 (1) Whenever a petition is lodged with the commis. sion by the common council of any city, the village board of any village, the town board of any town, the county board of supervisors of any county, within or bordering upon which a highway or street crosses, or is crossed by a railroad, or within or bordering upon ■which a highway or street is proposed to be laid out across a railroad, or whenever such petition is so lodged by any railroad company whose track crosses or is about to cross, or is crossed, or about to be crossed by a street or highway, or whenever such petition is lodged by the state highway commission, in cases where provision has been made for the improvement of the highway adjacent to such crossing under the provisions of any state aid or federal aid law, to the effect that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or crossing, the closing of a highway crossing, and the substitution of another therefor, at grade, or not at grade, or the removal of obstructions to the view at such crossing, the relocation of the highway, or requires the determination of the mode and manner of making such new crossing, or of making the proposed improvement or promoting the public safety through any other -reasonable method and praying that the same may be ordered, it shall be the duty of the commission to give notice to the proper party or parties in interest other than the petitioner, of the filing of such petition, and to proceed to investigate the same and to order a hearing thereon in the manner provided for hearings in section 195.17, and after such ■ hearing the commission shall determine what, if anything, shall be done to promote the public safety and the means by
“(2) The commission shall fix the proportion of the cost and expense of such alteration, removals, and new crossings, or any other work ordered, including the damages to any person whose land is taken, and the special damages which the owner of any land adjoining the public street or highway shall sustain .by reason of such change in the grade of such street or highway, or by reason of the removal of obstructions to view at such crossings, to be paid by the railroad company or companies, and the municipality or municipalities in interest. In fixing such proportion the commission may order the amount of such cost and expense and damages so apportioned to be paid by the parties against which the apportionment shall be made.
“(3) . . .
“(4)
“(5) The commission, upon petition of the Wisconsin highway commission, the county board of any county, the common council of any city, the village board of any village or the town board of any