Railroad v. Harvey
Citations
- 77 Ohio St. (N.S.) 235
Syllabus
<p>Duty of occupier of land — To intruding children — Railroad company not liable, when — Water works company not liable — For drowning child, when — Doctrine of turntable cases disapproved — Law of damages.</p> <p>1. It is not the duty of an occupier of land to exercise care to make it safe for infant children who come upon it without invitation but merely by sufferance.</p> <p>2. A railroad company is not liable to an infant who comes upon its premises without invitation and who is injured there while playing, without its knowledge, with a turntable. The doctrine of the turntable cases is disapproved. Harriman v. Railroad Co., 45 Ohio St., 11, distinguished.</p> <p>3. A water works company is not liable for the death by drowning of an infant who comes upon its land without invitation and there falls into a reservoir or basin of water while playing about it without the knowledge of the company.</p>
Judges: Crew, Davis, Price, Shauck, Spear, Summers
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41 cases in this archive are cited by this case; the 20 most cited are listed.
- Union Pacific Railway Co. v. McDonaldSupreme Court· 1894-03-05· cited 283×
- Peters v. BowmanCalifornia Supreme Court· 1896-12-17· cited 139×
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota· 1875-01-11· cited 99×
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia· 1901-05-21· cited 82×
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota· 1905-07-21· cited 81×
- City of Indianapolis v. EmmelmanIndiana Supreme Court· 1886-11-16· cited 74×
- Barrett v. Southern Pacific Co.California Supreme Court· 1891-09-21· cited 73×
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court· 1876-12-15· cited 72×
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court· 1891-09-03· cited 69×
- Dicken v. Liverpool Salt & Coal Co.West Virginia Supreme Court· 1895-12-07· cited 69×
- Ryan v. TowarMichigan Supreme Court· 1901-10-22· cited 65×
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court· 1890-04-18· cited 60×
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota· 1888-08-30· cited 56×
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri· 1877-10-15· cited 56×
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa· 1902-04-12· cited 49×
- Stendal v. BoydSupreme Court of Minnesota· 1898-06-15· cited 49×
- Overholt v. ViethsSupreme Court of Missouri· 1887-10-15· cited 44×
- Witte v. StifelSupreme Court of Missouri· 1895-01-09· cited 40×
- O'Malley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota· 1890-05-16· cited 38×
- Foster-Herbert Cut Stone Co. v. PughTennessee Supreme Court· 1905-12-15· cited 38×
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