Chicago, B. & Q.R. Co. v. Krayenbuhl
Supreme Court of NE - 1902
- D owned a railroad with a turntable near P's property. D was required to keep the turntable locked, but they sometimes failed to do so.
- P and some other children would sometimes play on the tracks and on the turntable.
- One day, P's ankle was severed when the turntable was unlocked.
- P sued D for negligence for not locking the turntable.
- Trial court found for P.
- NE Supreme Court reversed, remanded.
- Does an individual have the responsibility when dealing with dangerous instruments to take reasonable precautions such that the risk of injury posed by the instrument does not outweigh its utility?
- An individual has the responsibility when dealing with dangerous instruments to take reasonable precautions such that the risk of injury posed by the instrument does not outweigh its utility.
- The use of dangerous machinery is good for our society. Such machinery cannot be rendered completely safe.
- When weighed against their utility, the risk of harm is insignificant. When the danger begins to outweigh the social benefit, then use of the machinery should be restricted.
- The dangers associated with the turntable could have been restricted through the use of a lock.
- The lock would not interfere with the operation of the turntable, so it should have been used.
- The court should consider…
- The character and location of the premises
- The purpose for which they are used
- The probability of injury
- The precautions necessary to reduce the risk of injury
- The relations between the precautions and their effects on the beneficial use of the premises.