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Chicago, B. & Q.R. Co. v. Krayenbuhl

Nebraska Supreme Court
91 N.W. 880 (1902)


Facts

Krayenbuhl (plaintiff), a four year old, was playing on a railroad turntable that was maintained by the Chicago, B. & Q.R. Co. (Railroad Company) (defendant). The turntable was located within about 70 feet of a pathway that was commonly used by the public. A moveable bolt held the turntable in position with a padlock. The Railroad Company’s rules required employees to keep the turntable locked when it was not in use, but this rule was frequently disregarded. Krayenbuhl, while with some other children, discovered the turntable unlocked and unguarded. Krayenbuhl mounted the turntable and when the other children set the turntable in motion, his foot got caught between the rails and was severed at the ankle joint. Krayenbuhl sued the Railroad Company for negligence. At trial, Krayenbuhl won a verdict in his favor. The Railroad Company appealed the verdict to the Supreme Court of Nebraska.

Rule of Law

Issue

Holding and Reasoning (Albert, C.J.)

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