Sioux City & Pacific Railroad Co. v. Stout case brief
Sioux City & Pacific Railroad Co. v. Stout case brief summary
84 U.S. (17 Wall.) 657 (1873)
Plaintiff in error railroad challenged a
judgment from the Circuit Court for the District of Nebraska, which
was entered upon a jury verdict in favor of defendant in error child,
who sued, by his next friend, to recover damages for an injury he
sustained upon a turntable belonging to the railroad.
CASE FACTS The child was six years old when he was
injured on the railroad's turntable while playing with his friends.
The railroad defended the child's action against it by arguing that
it was not negligent and that the injury to the child was accidental
or brought upon himself. The jury returned a verdict for the child.
On appeal, the court affirmed.
turntable was located away from inhabited dwellings, it was proven
that several boys were playing on the turntable when the child was
injured and that they had done so on other occasions within the
observation and to the knowledge of the railroad's employees.
jury was justified in believing that the railroad should have
anticipated the accident and could have prevented it without
considerable expense or inconvenience.
The jury properly concluded
that the railroad had omitted the care and attention it ought to have
given, that it was negligent, and that its negligence caused the
Although the facts were undisputed, it was for the
jury to determine whether proper care was given or whether they
The facts proved justified the jury in
finding that the railroad was guilty of negligence.
The court affirmed the finding that the child was entitled to
recover damages from the railroad. Suggested law school course materials, hornbooks, and guides for Civil Procedure
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