Chicago RR v Krayenbuhl - circumstances would take b...

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CASE: Court: SC of Neb. 91 N.W. 880 (Neb. 1902) P248 torts Facts a. Plaintiff/ Krayenbuhl Defendant/ b. a four year child had his foot severed by an unlocked RR turntable. c. (1) C/A: negligence (2) relief requested: (3) defenses raised: Procedural History: a. Lower court’s ruling(s): in favor of plaintiff b. Damages awarded: c. Appellant: RR Issues: a. substantive issue (i) Whether the owner of a dangerous premises knows that children so young as to be ignorant of the danger will resort to such premises is bound to take such precautions to keep them from the premises, or to protect them from injuries to result from the dangerous conditions of the premises, while there, as a man of ordinary care and prudence, under like
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Unformatted text preview: circumstances, would take? b. procedural issue: jury instructions Disposition (judgment): Reversed and remanded. Holding: Public good demands the use of the lock. Rule of Law or Legal Principle Applied: Regard must be had to the character and location of the premises, the purpose for which they are used, the probability of injury therefrom, the precautions necessary to prevent such injury, and the relations such precautions bear to the beneficial use of the premises. Reasoning: The danger of a turntable would be lessened by the use of the lock. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.

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Chicago RR v Krayenbuhl - circumstances would take b...

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