Sydenstricker v. Chicago & Northwestern Railway Co.

Leonard F. Sydenstricker, a minor, brought suit by his mother and next friend to recover for injuries incurred when he fell from the ladder of a tank car standing in defendant’s railroad yard while playing a game of tag with his friends. Summary judgment was entered in favor of defendant and plaintiff has appealed.

Plaintiff charged in his amended complaint substantially as follows:

Defendant permitted a railroad tank car to remain and stand on defendant’s premises unguarded and with no limitation to accessibility from the immediately adjacent residential area;

The premises were unfenced in open…