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VERRETTE v. CHICAGO & N. W. RY.

No. 143.

40 Wis.2d 20 (1968)

161 N.W.2d 264

VERRETTE and another, Appellants, v. CHICAGO & NORTH WESTERN RAILWAY, Respondent.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellants there was a brief by Walther & Burns and David L. Walther, all of Milwaukee, and oral argument by David L. Walther.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell and Phillip E. Crump, all of Milwaukee, and oral argument by Mr. Crump.

BEILFUSS, J.

Two issues are presented:

(1) Is a railroad grade crossing a place of employment within the terms of the safe-place statute?

(2) Did the trial court err in granting defendant's motion for a directed verdict?

The plaintiff in his complaint alleges the railroad crossing was owned and used as a place of employment by the defendant and the plaintiff was a frequenter, and that the defendant failed to furnish and use safety devices and...

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