Langer v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Two questions are presented by this appeal: First, whether the road upon which plaintiff’s wife and daughter were driving at the time of the accident was a public highway; and, second, assuming that it was not, whether under all the facts and circumstances defendant had a common-law duty to give timely warning as its train approached the intersection of the railroad track with this road.

On the day of the accident, which occurred April 28, 1934, at about 7 :20 p. m., Grace Langer, daughter of the plaintiff, was driving her one-seated automobile in the village of Sun Prairie. She was…