Civil Procedure Keyed to Hazard
Sioux City & Pacific Railroad Co. v. Stout
The Sioux City & Pacific Railroad (Defendant) owned a railroad turntable near a small town inhabited by Henry Stout (Plaintiff). Plaintiff, a six-year-old boy, was playing with friends near the turntable. Defendant’s employees were aware that children played on this turntable. In spite of this knowledge, Defendant failed to lock the turntable, erect a fence around it, or in any way prevent a child from playing on it. Furthermore, the turntable was equipped with a latch that secured it in place and would keep the turntable from spinning. However, this particular latch was broken and had not been repaired. Plaintiff, while playing on the turntable, fell from the turntable and his foot was caught between the turntable and the ground, crushing his foot. Plaintiff’s parents sued Defendant on Plaintiff’s behalf. The jury returned a verdict for Plaintiff. Defendant appealed.
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