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

Supreme Court of Nebraska · 1902 · Torts

91 N.W. 880 (Neb. 1902)

Updated July 23, 2026

Tortsattractive nuisanceturntablechild trespassersdangerous premisesordinary carereasonable precautionsforeseeability

Facts

The defendant railroad maintained a turntable near Palmer, Nebraska, about 70 feet from a commonly used footpath and with no fence between the path and the turntable. The turntable was supposed to be locked when not in use, but there was evidence that this rule was often disregarded and that even when locked the fastening could be easily undone by young children; there was also evidence that children frequently played on and revolved the turntable with the defendant's knowledge and without protest. The plaintiff, a four-year-old child living with his railroad-employee father on the right of way, went with other children to the turntable and was injured when his foot was caught while the turntable was being revolved. There was evidence sufficient to support a finding that the turntable was unlocked and unguarded when the children reached it.

Issue

Whether a railroad that maintains a dangerous turntable in a place where it knows or has reason to believe very young children will resort to it may be negligent for failing to take reasonable precautions to prevent their use or protect them from injury. Also, whether the trial court committed reversible error in its instructions to the jury and related rulings.

Rule

Where the owner of dangerous premises knows, or has good reason to believe, that children so young as to be ignorant of the danger will resort to the premises, the owner must take such precautions to keep them away or protect them from likely injury as a person of ordinary care and prudence would take under like circumstances. In determining negligence in such cases, regard must be had to the character and location of the premises, the purpose for which they are used, the probability of injury, the precautions necessary to prevent it, and the relation of those precautions to the beneficial use of the premises.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Wichita, Prairie Belt Freight kept a large rotating loading platform beside an unfenced shortcut used daily by neighborhood families. Employees had repeatedly seen very young children climb on it and spin it, and a loose latch made the platform easy for children to move when workers left for the day. A five-year-old was badly injured while playing on it.

Which is the strongest basis for finding the company negligent?

Explanation. The majority held that when the owner of dangerous premises knows or has good reason to believe children too young to appreciate the danger will resort there, the owner must take such precautions as a person of ordinary care and prudence would take under like circumstances. Liability does not rest on strict liability, express invitation, or the complete absence of duty to child trespassers.