Barrett v. Southern Pacific Co.
California Supreme Court
91 Cal. 296, 27 P. 666 (1891)
- Written by Sharon Feldman, JD
Facts
Southern Pacific Co. (Southern) (defendant) maintained a railroad turntable on land it owned close to where several families with young children resided. Although the turntable was equipped with the customary latch and slot to keep it from revolving, the turntable was neither enclosed nor guarded. Children frequently played around and on the turntable but were not permitted to stay when Southern’s employees saw them. While boys were spinning the turntable to give eight-year-old Joseph Barrett (plaintiff) a ride, Barrett’s leg got caught and was severely injured. A negligence action was filed against Southern. The court denied Southern’s motion for a nonsuit. The jury found for Barrett, and Southern’s motion for a new trial was denied. Southern appealed, arguing that because Barrett was a trespasser, Southern did not have a duty to protect him from injuries caused by machinery maintained on Southern’s premises and fastened in the usual and customary manner.
Rule of Law
Issue
Holding and Reasoning (De Haven, J.)
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