Chicago B&Q.R. Co. v. Krayenbuhl, Sup. Ct. Of Neb.,

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

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Nature of the Case

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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 employees 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.