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>