192.33(2)
(2) All roads shall be so fenced and such cattle guards be made within one month from the time of commencing to operate the same, so far as operated. Until such fences and cattle guards shall be made, every railroad corporation owning or operating any such road shall be liable for all damages done to domestic animals, or persons thereon, occasioned in any manner, in whole or in part, by the want of such fences or cattle guards; but after such fences and cattle guards shall have been constructed such liability shall not extend to damages occasioned in part by contributory negligence, nor to defects existing without negligence on the part of the corporation or its agents.
192.33(3)
(3) The sufficiency of fences shall be determined according to
ch. 90; but nothing herein shall render any fence insufficient which was a legal or sufficient fence when built.
192.33(4)
(4) No fence shall be required in places where ponds, lakes, watercourses, ditches, hills, embankments or other sufficient protection renders a fence unnecessary to prevent domestic animals from straying upon the right-of-way.
192.33(5)
(5) The maintenance of cattle guards may be omitted by the railroad company with the written consent of the office specifying the particular crossings.
192.33 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123,
490.
192.33 Annotation
Trespasser was not member of class protected by fencing statute. Anderson v. Green Bay & Western Railroad, 99 W (2d) 514, 299 NW (2d) 615 (Ct. App. 1980).
192.33 Annotation
"Farm crossings" are not limited to farms, but are all crossings used by occupants of land rather than highway crossings and entail limited private use for which safeguards are unnecessary. Sixmile Creek Assoc., Inc. v. C. & N.W. Transportation Co., 178 W (2d) 237, 504 NW (2d) 348 (Ct. App. 1993).
192.34
192.34
Fences; complaint of insufficient; hearing; order. Upon complaint by the owner or occupant of any land contiguous to the right-of-way of any railroad that the railroad company operating such line has failed to construct or keep in good repair such fences as the law requires along its right-of-way opposite to such land, the office shall proceed thereon in the manner provided in
s. 195.04. If it shall appear that the complaint is well founded the office may order and direct the railroad company to repair such fences so that the same shall be sufficient or to construct legal fences.
192.34 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123.
192.35
192.35
Fences; interference with, etc., trespassers on track. Any person who shall wilfully take down, open or remove any railroad fence, cattle guard or crossing or any portion thereof, or allow the same to be taken down, opened or removed, or who, having lawfully taken down bars or opened gates in such fences for the purpose of passing through the same, shall not immediately replace or close the same, shall forfeit not less than ten nor more than fifty dollars, and in addition be liable to the party injured for all damages resulting from such act or omission; and any person who shall ride, lead or drive any horse or other animal upon such a fenced road, or who shall ride, lead or drive any horse or team lengthwise of an unfenced railroad track (other than at the farm crossings or upon depot grounds or where the same is laid along or across a public road or street), without the consent of the party owning or having control of such road shall, for every such offense, forfeit not exceeding ten dollars, to such party, and shall also pay all damages which shall be sustained by the party aggrieved.
192.36
192.36
Fences, occupant of land may build or repair. Whenever a railroad corporation shall fail to build or repair any fence, which the law requires it to erect, the owner or occupant of the land adjoining may, between the first day of April and the first day of October, give notice in writing to such corporation to build, within sixty days or repair within thirty days, such fence, after the service of such notice. Such notice shall describe the land on which such fence is required to be built or repaired, and service thereof may be made by delivering the same to any station agent of said corporation. In case the corporation shall fail to build or repair the fence within the time aforesaid, then such owner or occupant may build or repair the same; and may recover from such corporation the cost thereof with interest at one per cent per month from the time such fence shall have been built or repaired.
192.37
192.37
Fences, farm crossings; railroads to provide. 192.37(1)(1) Whenever any corporation shall operate a railroad through enclosed lands and shall fail to construct the fences, farm crossings or cattle guards required by law, proper for the use of such lands, the owner or occupant thereof may give notice in writing signed by the owner or occupant to such corporation, to be served as a circuit court summons is served, to fence its road through the owner's or occupant's enclosed lands, describing the same, and construct the necessary farm crossings and cattle guards thereon. If such company, after being so notified, neglect for three months to construct such fences, farm crossings and cattle guards, it shall be liable to pay to such owner or occupant ten dollars for each day after the expiration of said three months until so constructed. But no time between the first day of November and the first day of April succeeding shall be included in the three months aforesaid.
192.37 History
History: 1993 a. 482.
192.38
192.38
Contracts not affected. Sections 192.33 to
192.37 shall not affect any contract entered into between any railroad corporation and the proprietors and occupants of lands adjoining for the construction and maintenance of gates, bars, cattle guards and railroad crossings.
192.42
192.42
Common carriers, joint liability, enforcement. 192.42(1)(1) Every common carrier receiving property for intrastate transportation shall issue a bill of lading therefor and shall be liable to the lawful holder thereof for any loss of or injury to such property caused by it or by any common carrier to which such property may pass, and no contract, receipt, rule or regulation shall exempt the issuer from the liability hereby imposed.
192.42(2)
(2) Any holder of such bill of lading may bring an action against all of the carriers and on proof that the property was lost, destroyed or damaged in transit, the liability shall attach to all the defendants and judgment shall be entered accordingly against them all unless a carrier shall prove its nonliability, in which case the judgment shall go only against the other defendants.
192.42(3)
(3) The carrier issuing such bill of lading shall be entitled to recover from the common carrier on whose line the loss or injury shall have been sustained the amount of damages it may be required to pay to the owner of such property, as may be evidenced by any receipt or judgment.
192.43
192.43
Liability of carrier of passengers made absolute. No contract, receipt, rule, or regulation shall exempt any corporation or person engaged in transporting persons for hire, within this state, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, or regulation, been made.
192.44
192.44
Fires; railroad liability; action for damages. 192.44(1)(1) Each railroad corporation owning or operating a railroad shall be liable to the owner of property injured or destroyed by fire communicated directly or indirectly by locomotives in use upon such railroad, or by the burning of grass, weeds or rubbish on the right of way by employes of such corporation; and such railroad corporation may procure insurance in its own behalf for its protection against such liability.
192.44(2)
(2) To recover such damages, it shall only be necessary for the owner to prove the loss of or injury to the owner's property, and that the fire originated in the manner hereinbefore stated.
192.44 History
History: 1993 a. 482.
192.47
192.47
Railroad police; oath; powers. Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words "Railroad Police" and the name of the company. These police officers may arrest, with or without warrant, any person who in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.
192.52
192.52
Terminals and shops, removal. 192.52(1)(a)(a) The term "shops" shall mean and embrace plants and locations where steam railroads engage in the general work of repairing, painting, overhauling or constructing locomotives, cars, coaches and other rolling stock and appurtenances thereto.
192.52(1)(b)
(b) The word "terminal" as employed in this section shall mean where trains are customarily and normally made up, or where train and engine crews on through trains are normally and customarily changed on the main line of any steam railroad operating in this state.
192.52(3)
(3) No railroad company operating in this state shall remove its shops from the place where the same are now located to any other point within or without this state or permanently close any shops in this state without first having secured the consent and permission of the office for such removal, after due notice and public hearing, and in all other respects as provided for hearings in
ch. 195. The office shall render its decision within 30 days after such hearing.
192.52(4)
(4) No railroad company operating in this state shall remove or transfer its terminals or permanently close any terminals in this state without the permission or consent of the office after due hearing had on the matter, in compliance with
ch. 195.
192.52(5)
(5) Before any railroad company operating in this state shall make any removal or transfer of shops or terminals or abandons the same, it shall file notice of intention so to do with the office, and the office shall have the power to investigate whether such proposed removal, transfer or abandonment, as the case may be, is in the public interest and is not unreasonable or unfair as to the employes of such railroad company. No such removal or transfer shall be made during such investigation, or thereafter, if the office finds such removal, transfer or abandonment is not in the public interest or is unreasonable or unfair as to the employes of such railroad.
192.53
192.53
Railroad track clearance. 192.53(1)
(1) After July 1, 1931, no building or loading platform shall be constructed or any addition to or reconstruction of a then existing building or loading platform, not including ordinary repairs necessary for maintenance, shall be made which shall have a horizontal clearance of less than eight feet six inches between it and the center line of any railroad track. The same clearance shall be maintained between such track and any material used in and about the construction of any such building or loading platform.
192.53(2)
(2) Platforms at passenger stations used for loading and unloading passengers, baggage, mail and express may be constructed and maintained as follows:
192.53(2)(a)
(a) Such a platform which is not higher than four inches above the top of the rail shall be not less than four feet six inches from the center line of the adjacent track;
192.53(2)(b)
(b) Such a platform which is more than four inches but not higher than eight inches above the top of the rail shall be not less than five feet one inch from the center line of the adjacent track;
192.53(2)(c)
(c) Such a platform which is more than eight inches but not higher than one foot nine inches above the top of the rail shall be not less than six feet from the center line of the adjacent track;
192.53(2)(d)
(d) Such a platform which is higher than one foot nine inches above the top of the rail of a main track shall be not less than eight feet from the center line thereof.
192.53(3)
(3) High platforms in existence on July 1, 1949 for handling baggage, mail, express and freight to and from cars on other than main tracks, where an unobstructed working space at ground level is maintained on the opposite side of track from such platform, may be maintained with face or edge 5 feet 8 inches from center line of such track, but after July 1, 1949, no such platform shall be constructed which provides a clearance of less than 6 feet 4 inches between the face or edge thereof and the center line of any such track. No such platform shall be constructed which is more than 5 feet above top of rail level.
192.53(4)
(4) Upon finding that any such structure will not imperil life or limb, and that the public interest requires or permits such structure to be constructed or reconstructed otherwise than as permitted by the foregoing provisions of this section, the office may exempt such structure from such provision. Such findings shall be made only upon written application, setting forth fully the grounds therefor and shall be made only after public hearing, and the findings and order granting exemption shall be in writing and shall contain complete provisions and requirements as to the horizontal clearance to be maintained in such construction or reconstruction. Such structure shall be constructed or reconstructed only in compliance with such order.
192.53(5)
(5) Except as hereinbefore provided in this section and subject to the power of the office to make exceptions hereto in a manner similar to the power given it in
sub. (4), no railroad or shipper shall after May 28, 1943, place or construct, within 8 feet 6 inches of the center line of any railroad track, any retaining walls, fences, signs, stand pipes, conveyors, or any other like obstruction, except railroad bridges, switch stands, mail cranes, coal, ice and water stations, intertrack fences and signals and other necessary interlocking mechanisms, or permit, within 8 feet 6 inches of the center line of any railroad track, the accumulation of any rubbish, waste or material of any sort, except material used for repair or construction work by such railroad company. The intent of this subsection is to afford proper clearance between railroad cars and obstructions and to promote the safety of railroad employes in switching cars.
192.53(6)
(6) Any railroad or shipper to which this section applies, who violates any provision of this section or who fails, neglects or refuses to obey any lawful order made by the office under this section, shall be fined not more than $100 or imprisoned for not more than 60 days or both.
192.53 History
History: 1981 c. 347 s.
80 (1);
1993 a. 16,
123.
192.54
192.54
General penalty for this chapter. If any railroad corporation, its officers, agents or servants violate or fail to comply with any provision of this chapter the corporation shall, for every violation or failure, unless some other penalty is specifically provided, forfeit not less than $10 nor more than $1,000, and be liable to the person injured for all damages sustained thereby.
192.54 History
History: 1981 c. 390;
1995 a. 225.
192.55
192.55
Special penalties for this chapter. 192.55(5)
(5) Any corporation or person operating a railroad that shall fail to erect the telltales required by
s. 192.31 for the space of 60 days after notice from the office requiring such erection shall forfeit not less than $50 nor more than $100, and each 20 days' delay thereafter in erecting such telltales shall be a separate offense.
192.55(6)
(6) Any person violating
s. 192.32 shall be punished by a fine of not less than $1 nor more than $50, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
192.55(7)
(7) Any railroad which violates
s. 192.14 or
192.15 shall forfeit to the state $100 for each violation and each day that the violation continues shall be deemed a separate offense.
192.56
192.56
Abandoning of railroad stations. 192.56(1)
(1) It is unlawful for any railroad company owning or operating any railroad in whole or in part in this state, to abandon any station in any town, village or city on its line of railroad, within this state, or to remove the depot therefrom, or to withdraw agency service therefrom, without first obtaining from the office an order authorizing such action.
192.56(2)
(2) At a station where agency service is provided the application to the office for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company, and if the office finds that the application is sufficient presumptively to justify the order prayed for, it shall enter an order fixing the time and place of hearing on the application, which time shall not be less than 20 days after the posting provided for in
sub. (3).
192.56(3)
(3) Notice of the time and place of the hearing and of the purpose thereof shall be given, by the office, by posting the notice in 5 conspicuous places in the town or village.
192.56(4)
(4) Any public body, or citizen, or group of citizens affected may appear at said hearing and prior to or at said hearing, file objections to the granting of the order prayed for.
192.56(5)
(5) The hearing shall be held as other hearings before the office are held as far as applicable. The office may dismiss the application or may grant it in whole or in part and under such conditions as it may deem equitable.
192.56(6)
(6) At a station where no agency service is provided, the application to the office for such authorizing order shall set forth the facts showing the necessity for such action by the railroad company. Notice of proposed removal or abandonment shall be given by the office by posting notice in 5 conspicuous places in the town or village concerned; and if within 20 days after the posting of notice no objections in writing are filed with the office by persons directly affected, an order authorizing the abandonment of the station may be issued by the office. If such objections to the granting of the order are filed with the office, the office shall proceed to hold a hearing in the matter as provided in
subs. (4) and
(5).
192.71
192.71
Lands may be sold; proceedings if terms of grant not complied with. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any railroad may sell, assign and transfer the lands so conferred upon it or any portion thereof to any other railroad corporation which shall by law have the right to construct a railroad along and upon the line or any portion of the line upon which such lands are applicable under the grant of this state upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable according to the terms of the grant by congress, and to comply fully with all conditions and requirements contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded with the department of financial institutions; and provided further, that no such transfer or assignment shall be of any force or effect until two-thirds of the full-paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the department of financial institutions. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad or any part or portions thereof within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute, if the legislature shall not have revoked said grant, proceedings against such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway or any portion thereof within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state forfeiting, vacating and setting aside such grant or grants and annulling all rights and interest of such corporation in and to all lands granted to it and not fully earned and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all right to in any manner thereafter acquire the same.
192.71 History
History: 1975 c. 422 s.
158;
1995 a. 27.
192.71 Annotation
Mineral estates reserved by railroad corporations from lands received from public domain discussed. 69 Atty. Gen. 204.
192.72
192.72
Lands may be mortgaged. Any railroad corporation upon which any lands shall have been conferred to aid in the construction of any railroad or to which any such lands shall have been sold, assigned or transferred may, to raise money to construct such road, mortgage or convey by any mortgage or deed of trust, in addition to such property as is hereinbefore provided for, any and all such lands so conferred upon it and thereby pledge the entire avails of such lands, when acquired by such corporation and sold; provided, that no bonds or other evidences of debt so secured shall be made payable at a longer time than 20 years from the date thereof and that all such lands remaining unsold at the expiration of such 20 years shall thenceforward remain subject to purchase by actual settlers at a price not exceeding $6 per acre; and that this section shall not be taken to exempt any lands from any taxation whatever.
192.72 History
History: 1975 c. 422 s.
158.
192.73
192.73
Sale of abandoned rail property after release by state. 192.73(1)(a)
(a) "Abandoned rail property" means rail property that is determined to be abandoned as provided in
s. 85.09 (3).
192.73(1)(b)
(b) "Condemnation commission" means the office of the commissioner of condemnation under
s. 32.08 for the county in which abandoned rail property is located.
192.73(1)(c)
(c) "Lessee" means a person occupying abandoned rail property under a lease.
192.73(1)(d)
(d) "Owner" means a person that owns abandoned rail property but "owner" does not include any of the following:
192.73(1)(d)1.
1. A railroad operating as a common carrier in this state on May 11, 1990.
192.73(1)(d)2.
2. A railroad corporation that owns a controlling interest on May 11, 1990, in a railroad operating as a common carrier in this state.
192.73(1)(d)3.
3. A railroad corporation that is under common control on May 11, 1990, with a railroad operating as a common carrier in this state.
192.73(2)(a)(a) If the department determines not to acquire abandoned rail property under
s. 85.09 (4) and issues a release of its first right to acquire the property under
s. 85.09 (2), an owner may not sell or offer to sell abandoned rail property to a person other than the lessee of the abandoned rail property unless the owner first offers to sell that property to the lessee under this subsection.
192.73(2)(b)
(b) The owner shall send by certified mail a written offer to sell abandoned rail property at a fair market price to the lessee of that property. The lessee relinquishes the right to acquire abandoned rail property under this section if it does not respond to the offer by certified mail within 60 days after receipt of the offer to sell.
192.73(2)(c)
(c) If the owner and the lessee do not agree on a purchase price within 60 days after the lessee's response, the lessee or the owner may request that the condemnation commission determine the fair market value for the abandoned rail property. The condemnation commission shall determine the fair market value for the abandoned rail property on the basis of 3 independent appraisals. The owner and the lessee shall each select one appraiser and shall pay the cost of that appraisal. The condemnation commission shall select one appraiser and shall divide the cost of the appraisal equally between the owner and the lessee. The condemnation commission shall inform the owner and lessee by certified mail of its determination of the fair market value for the abandoned rail property.
192.73(2)(d)
(d) Within 30 days after receipt of the determination, the lessee shall notify the owner if the lessee agrees to purchase the abandoned rail property at its fair market value. If the lessee agrees to purchase, the owner shall sell the abandoned rail property to the lessee at its fair market value.
192.73 History
History: 1989 a. 336.
192.80
192.80
Full crew employe rights. No employe of a railroad operating in this state on May 20, 1972, shall be discharged, laid off, furloughed, removed from train or engine service, reduced in monthly earnings, transferred without the employe's approval or reduced in rank or classification, because of the repeal of s.
192.25, 1969 stats., s.
192.26, 1969 stats., s.
192.55 (4), 1969 stats., and s.
195.03 (21), 1969 stats., by
chapter 306, laws of 1971. A transferred employe shall be reimbursed by the employe's employer for the employe's moving expenses, including loss on sale of home. The rights granted to the employes under this section shall be binding on the railroads and shall be part of and shall have the same force and effect as the collective bargaining agreements between the employe organizations and the railroads. Any employe who recovers from a railroad upon litigation brought to enforce the employe's rights under this section shall be reimbursed by the employe's employer for all reasonable attorney fees necessarily incurred thereby.
192.80 Annotation
This section doesn't conflict with any federal law. Matter of Chicago, Milwaukee, St. Paul & Pacific R., 852 F (2d) 960 (7th Cir. 1988).
192.80 Annotation
Where dispute between railroad and union involved interpretation of contract terms as to which both of the contending interpretations were reasonable, and where 192.80, which was relied upon by union, states that it is part of the agreement, the dispute should be settled by the compulsory arbitration procedures of the railway labor act and not by federal court. United Transportation U. v. Burlington Northern Inc. 382 F Supp. 896.
192.80 Annotation
Because railway labor act did not preempt this section, federal court had no jurisdiction. Fricke v. Chicago, Milwaukee, St. Paul and Pacific R. 563 F Supp. 311 (1983).
