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

The trial court made a number of findings which supported its decision. These included the statistic that nationwide, accidents involving trains occur, on average, once every thirty-eight years at each railroad crossing. At least three other golf courses in Wisconsin have active railroad lines passing through them. No accident has occurred *245between a train and a golfer or a train and a golf cart.1 The trial court placed great weight on this statistic. It then compared the proposed facility with the existing facilities, and concluded that the visibility on the proposed course would be at least…