Legal Opinion

Sixmile Creek Associates, Inc. v. Chicago & North Western Transportation Co.

Court of Appeals of Wisconsin

Decided July 1, 1993No. 93-0127Published

1Opinion of the CourtEich, C.J.

The Chicago and North Western Transportation Company appeals from a judgment and absolute writ of mandamus ordering it to construct and maintain three at-grade "farm crossings" on its railroad right-of-way and track running through land on *240which Sixmile Creek Associates, Inc., plans to construct a golf course.

The issue is whether, given the nature of the property and the intended use of the proposed crossings, they qualify as "farm crossings" within the meaning of sec. 192.33(1), Stats., which requires railroads to "erect and maintain . . . suitable and convenient farm crossings for the use…

2Cases cited4 opinions

  1. Buffalo Stone & Cement Co. v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
  2. Manitowoc Clay Product Company v. Manitowoc, Green Bay & Northwestern Railway Co.Wisconsin Supreme Court · 1908
  3. Weiss v. Chicago, North Shore & Milwaukee RailroadWisconsin Supreme Court · 1960
  4. Caldon v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893

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