For Your Data Chicago V. Krayenbuhl Illustration Brief Summary
February 24, 2019
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Chicago v. Krayenbuhl example brief summary
F: TC ruled inward favor of P, too D appeals.
P/Appellee: child
D/Appellant: railroad company
The D maintained a railway turntable (a rotating platform alongside a runway for turning a locomotive) virtually a publicly traveled path. The P, a iv twelvemonth one-time child, discovered that the turntable was unlocked, climbed on it, too field playing on it alongside a grouping of children got his human foot caught betwixt the rails, which severed it at the talocrural articulation joint.
I: In circumstances where the burden of setting upward the protection is outweighted yesteryear the danger of non doing it, whether the negligent is established
R: In circumstances where the burden of setting upward the protection is outweighed yesteryear the danger of non doing it, the negligent is established
A: business of railroading is facilitated yesteryear the purpose of turntables, too then it would become against the populace practiced to request the D to invest too then heavily inward safeguards that it interfered alongside D's might to purpose the turntables for their intended, beneficial use. However, the burden of keeping the turntable locked was too then pocket-size that the danger of non doing too then outweighed the burden.
C: reversed
F: TC ruled inward favor of P, too D appeals.
P/Appellee: child
D/Appellant: railroad company
The D maintained a railway turntable (a rotating platform alongside a runway for turning a locomotive) virtually a publicly traveled path. The P, a iv twelvemonth one-time child, discovered that the turntable was unlocked, climbed on it, too field playing on it alongside a grouping of children got his human foot caught betwixt the rails, which severed it at the talocrural articulation joint.
I: In circumstances where the burden of setting upward the protection is outweighted yesteryear the danger of non doing it, whether the negligent is established
R: In circumstances where the burden of setting upward the protection is outweighed yesteryear the danger of non doing it, the negligent is established
A: business of railroading is facilitated yesteryear the purpose of turntables, too then it would become against the populace practiced to request the D to invest too then heavily inward safeguards that it interfered alongside D's might to purpose the turntables for their intended, beneficial use. However, the burden of keeping the turntable locked was too then pocket-size that the danger of non doing too then outweighed the burden.
C: reversed