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

65 Neb. 889, 91 N.W. 880 (1902)

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

Nebraska Supreme Court
65 Neb. 889, 91 N.W. 880 (1902)

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

Facts

Chicago, B. & Q. R. Co. (the railroad) (defendant) owned and operated a railway turntable located within about 70 feet of a public footpath. Although the footpath was commonly used by the public, including children, there was no fence between the path and the turntable. The railroad was aware of the path’s use and of the fact that neighborhood children often played on the turntable. A moveable bolt held the turntable in position, and the railroad’s rules required employees to keep the turntable locked when not in use. However, that rule was regularly disregarded. One day, four-year-old Leo Krayenbuhl (plaintiff) and other children came upon the turntable unlocked and unguarded and started playing on it. Krayenbuhl mounted the turntable, and other children set the turntable in motion. Krayenbuhl’s foot got caught and was severed at the ankle joint. Krayenbuhl sued the railroad for negligence. At trial, a jury held in Krayenbuhl’s favor, concluding that the railroad failed to exercise reasonable care to make the turntable reasonably safe in the circumstances. The railroad appealed to the Nebraska Supreme Court, arguing that it had no duty to safeguard dangerous premises to prevent injury to trespassers.

Rule of Law

Issue

Holding and Reasoning (Albert, C.J.)

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