CHICAGO B&Q.R. CO. V. KRAYENBUHL
Sup. Ct. of Neb., 65 Neb. 889, 91 N.W. 880 (1902)
NATURE OF THE CASE: This was an appeal from an action to recover damages for personal
injuries caused by negligence.
FACTS: Railroad (D) owned property near where Krayenbuhl (P), age 4, lived. A common path
of footway passed within 70 feet of the turntable owned by D. D's rules required that the
turntable was to be padlocked when not in use. There was evidence that D's employee's
frequently ignored this policy and that one of the staples was so loose that it could be
unfastened without any difficulty. P and other children found the turntable unlocked and
unguarded and went onto the premises to play. P's foot was severed above the ankle when the
table was turned by the other children. P sued and was awarded damages. D appealed; the
child was a trespasser and there is no liability for the damages sustained by a trespasser.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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