Thompson v. Baltimore & Ohio Railroad

Citations

• 218 Pa. 444
• 67 A. 768
• 1907 Pa. LEXIS 545

Syllabus

<p>Negligence — Railroads—Infant—Turntable—Use of land by owner. jn arL action against a railroad company to recover damages for per-</p> <p>sonal injuries to a boy eight years of age, it appeared that the defendant maintained a large train yard, used for shifting and storage of cars, and the receipt and delivery of freight, in close proximity to a thickly populated section of a city. Ten or twelve feet from an entrance to the yard from a public street there was a turntable which was not kept locked when not in use, but was fastened by a brake, that anyone could open. A high board fence surrounded the yard, but in places it was broken and the gates were usually open. Little or no effort was made to exclude the public from the yard, and at times it was used by persons residing in the vicinity, as a playground. Plaintiff entered the yard at night through an open gateway, and while standing near the turntable with which some children were at the time playing, was struck by a projecting bar which they used in turning it, and was thrown into the pit and caught between the wall and the turntable. Held, that plaintiff could not recover.</p> <p>The law fully recognizes the right of him, who, having dominion of the soil, without malice, does a lawful act on his own premises, and leaves the consequences of an act thereby happening where they belong, upon him who has wandered out of his way, though he may have been guilty of no negligence in the ordinary acceptation of the term; and the fact that the person injured is a child, makes no difference, 'unless there is negligence.</p> <p>An owner of land who makes changes on it in the course of its beneficial use, which tend to attract children, and to expose them to danger, is under no duty to take special precautions for their safety.</p> <p>Mr. Justice Mestrezat dissents.</p>