March 28, 2020

Chicago, B. & Q. R. Co. v. Krayenbuhl | Case Brief - 65 Neb. 889, 91 N.W. 880 (1902) - Supreme Court of Nebraska

FACTS: There is a general pathway between the turntable and two branches of the defendants line. The turntable is held in position by a bolt and could be locked but generally the employees did not lock it even though it was company policy. The plaintiff was playing on the turntable when another kid put it in motion and he severed his ankle. 

HISTORY: Court held first that the children were trespassers.

ISSUE: Was the railroad company negligent?

HOLDING: Yes 

RATIONALE: The use of dangerous machinery is a necessity in the modern era. They make possible many benefits which outweigh the danger. However, the simple use of a lock can prevent an immense public danger such as this. The public good outweighs the slight inconvenience of using a lock to prevent accidents.

DISPOSITION: Judgment reversed for error in instructions to the jury amounting to improper comment on the evidence.