Railroad Co. v. Stout
Supreme Court of the United States
Error to the Circuit Court for the District of Nebraska. Henry Stout, a child six year's of age and living-with his parents, sued, by his next friend, the Sioux City and Pacific Railroad Company, in the court below, to recover damages for an injury sustained upon a turntable belonging to the said company. The turntable was in an open space, about eighty rods from the company’s depot, in a hamlet or settlement of one hundred to one hundred and fifty persons.
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Error to the Circuit Court for the District of Nebraska. Henry Stout, a child six year's of age and living-with his parents, sued, by his next friend, the Sioux City and Pacific Railroad Company, in the court below, to recover damages for an injury sustained upon a turntable belonging to the said company. The turntable was in an open space, about eighty rods from the company’s depot, in a hamlet or settlement of one hundred to one hundred and fifty persons. Near the turntable was a travelled road' passing through the depot grounds, and another travelled road near by. On the railroad ground,…
1Opinion of the CourtJustice Hunt
1st. It is well settled that the conduct of an infant of tender years is not to be judged by the same rule which governs that of an adult. While it is the general rule in regard to an adult, that to entitle him to recover damages for an injury resulting from the fault or negligence of another, he must himself have been free from fault, such is not the rule in regard to an infant of tender years. The care and caution required of a child is according to his maturity and capacity only, and this-is to be determined in- each case by the circumstances of that case. *
But it is not necessary to…
2Cited by592 opinions
- Curley v. United StatesCourt of Appeals for the D.C. Circuit · 1947
- Lytle v. Household Manufacturing, Inc.Supreme Court of the United States · 1990
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
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