Stout v. Sioux City & P. R. Co.
U.S. Circuit Court for the District of Nebraska
This was an action brought to recover the sum of $15,000 damages resulting to the plaintiff [Harry G. Stout], a minor child aged six years, on account of injuries received while at play upon the “turntable” of the railroad company, in March 1869. The plaintiff’s petition alleged that the defendant was, at the time the injuries were received, running and operating a railroad running through the town of Blair in Washington county, Nebraska, and in connection with said railroad…
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This was an action brought to recover the sum of $15,000 damages resulting to the plaintiff [Harry G. Stout], a minor child aged six years, on account of injuries received while at play upon the “turntable” of the railroad company, in March 1869. The plaintiff’s petition alleged that the defendant was, at the time the injuries were received, running and operating a railroad running through the town of Blair in Washington county, Nebraska, and in connection with said railroad used and operated a “turntable,” which was so “constructed and arranged as to be easily turned around and revolved in a…
1Opinion of the CourtDundy, District Judge
(charging jury).' You are directed to find in addition to the general verdict three special verdicts as follows: — -(1) Was the father of the plaintiff guilty of any negligence in allowing his child, the plaintiff, to wander away from his home upon the grounds of the defendant? (2) Was the plaintiff capable of exercising any judgment as to the character of the machinery upon which he was playing, and if so, was he negligent at the time he received the injury? (3) Was the defendant guilty of negligence in allowing the turntable in question to remain unfastened and unguarded? Careful reading of…
2Cases cited1 opinion
- Stout v. Sioux City & Pacific R. R.United States Circuit Court · 1881