Friday, October 10, 2014

Chicago v. Krayenbuhl case brief summary


Chicago v. Krayenbuhl case brief summary

F: TC ruled in favor of P, and D appeals.
P/Appellee: child
D/Appellant: railroad company
The D maintained a railway turntable (a rotating platform with a track for turning a locomotive) near a publicly traveled path. The P, a 4 year old child, discovered that the turntable was unlocked, climbed on it, and while playing on it with a group of children got his foot caught between the rails, which severed it at the ankle joint.

I: In circumstances where the burden of setting up the protection is outweighted by the danger of not doing it, whether the negligent is established
R: In circumstances where the burden of setting up the protection is outweighed by the danger of not doing it, the negligent is established
A:
business of railroading is facilitated by the use of turntables, so it would go against the public good to require the D to invest so heavily in safeguards that it interfered with D's ability to use the turntables for their intended, beneficial use. However, the burden of keeping the turntable locked was so small that the danger of not doing so outweighed the burden.
C: reversed

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