Wisconsin Statutes
Wis. Stat. § 195.35 (2026)
Treble damages
✓ current as of July 2026
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195.35(1)(1) If any director, officer, employee or agent of a railroad or water carrier, in the course of the discharge of his or her duties, willfully, wantonly or recklessly causes to be done or permits to be done any matter, act or thing in this chapter prohibited or declared to be unlawful, or willfully, wantonly or recklessly fails to do any act, matter or thing required to be done by this chapter, the railroad or water carrier shall be liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No recovery as in this section provided shall affect a recovery by the state of the penalty prescribed for such violation.
195.35(2)(2) The burden of proof in an action under sub. (1) rests with the person injured to prove the case by clear and convincing evidence.
195.35 AnnotationA treble damage claim is no longer a separate cause of action because gross negligence is to be compared like all other negligence. Kania v. Chicago & North Western Railway Co. 57 Wis. 2d 761, 204 N.W.2d 681 (1973).
Notes of Decisions
Cited in 3
cases, 1950–2004 · leading case: Anderson v. Wisconsin Cent. Transp. Co., 327 F. Supp. 2d 969 (E.D. Wis. 2004).
Anderson v. Wisconsin Cent. Transp. Co., 327 F. Supp. 2d 969 (E.D. Wis. 2004). “Plaintiffs Chapter 195 Claim Plaintiff alleges that defendant “willfully, wantonly or recklessly” violated various provisions of Chapter 195 and, pursuant to Wis. Stat. § 195.35 (1), seeks to recover treble damages for such violations.”
Town of East Troy v. Soo Line R.R. Co., 409 F. Supp. 326 (E.D. Wis. 1976). “The prayer for relief under count III seeks treble damages pursuant to section 195.35, Wis.Stats. Section 195.26 requires every railroad to “adopt reasonably adequate safety measures and install, operate and maintain reasonably adequate safety devices for the protection of life…”
Reuling v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 44 N.W.2d 253 (Wis. 1950). “Respondents have moved to review the trial court's order sustaining a demurrer to their second cause of action which sought treble damages, which they say are authorized by sec. 195.35, Stats., on the theory that the watchman's failure to operate the crossing gates properly was…”
— Wis. Stat. § 195.35(1) — 1 case
Anderson v. Wisconsin Cent. Transp. Co., 327 F. Supp. 2d 969 (E.D. Wis. 2004). “Plaintiffs Chapter 195 Claim Plaintiff alleges that defendant “willfully, wantonly or recklessly” violated various provisions of Chapter 195 and, pursuant to Wis. Stat. § 195.35 (1), seeks to recover treble damages for such violations.”
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