Stout v. Sioux City & P. R. Co.

Case No. 13,503
Decided Circuit Court, D. Nebraska
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court, D. Nebraska
Decided
Judge
DUNDY, District Judge
Posture
Jury trial on negligence claim
Defendant (1)
Sioux City & P. R. Co.
Cook & Hubbard
v.
Plaintiff (1)
Harry G. Stout
E. Wakely, Strickland, Ballard & Walton
Decedent / victim: Harry G. Stout

Overview

The jury found for the plaintiff Harry G. Stout and awarded $7,500 in damages. The Supreme Court affirmed the circuit court judgment. Judge Dundy's instructions emphasized that if the plaintiff was free from blame and defendant's negligence caused the injury, verdict should be for plaintiff; if plaintiff was negligent, verdict should be for defendant.

Case summary

This 1872 negligence case involves Harry G. Stout, a 6-year-old child who suffered severe foot injuries while playing on an unfastened railroad turntable owned by Sioux City & P.R. Co. in Blair, Nebraska. The turntable was easily turned by children or wind and was located about 1/4 mile from the depot. The plaintiff alleged the defendant was negligent in failing to secure the dangerous machinery, especially since children were known to play there. The defendant argued it followed industry custom by not fastening turntables and that the plaintiff was a trespasser. At trial, Judge Dundy instructed the jury on negligence definition, contributory negligence of the father, and the child's capacity for judgment. After a mistrial, a second jury found for the plaintiff and awarded $7,500. The Supreme Court later affirmed. Key legal issues include the definition of negligence, whether a father's negligence bars recovery, and the standard of care for railroad turntables.

Abstract

A child suffered severe injuries while playing on an unsecured railroad turntable that could be turned by children or wind, leading to a negligence claim against the railroad company for failing to secure the dangerous machinery despite known child activity in the area. The company argued industry custom and the child's trespasser status, but after a mistrial, a jury awarded damages to the plaintiff, finding the company negligent and the child free from blame. The Supreme Court affirmed the judgment based on the trial court's instructions on negligence and contributory negligence.

Opinion of the court

Majority
opinion
DUNDY, District Judge
  • Definition of negligence for jury instruction
  • Father's negligence does not excuse defendant's negligence
  • Child's capacity for judgment determines contributory negligence
  • Standard of care for railroad turntables based on industry custom
  • Measure of damages for personal injury

Jurisdiction

not challenged
Subject matter
Circuit Court jurisdiction over negligence claim
Jurisdictional facts
  • Action brought in Circuit Court, D. Nebraska to recover damages for personal injury

Procedural posture

Posture at trial
Jury trial on negligence claim
Posture on appeal
Direct appeal after jury verdict
Preserved issues
  • Definition of negligence
  • Contributory negligence of father
  • Standard of care for railroad turntables

Subsequent history

Petition for rehearing
not filed
Petition for certiorari
not filed
Remand proceedings
Not applicable

Legal categories

BusinessArbitration & Mediation

Case record

Full case name
STOUT v. SIOUX CITY & P. R. CO.
Docket number
Case No. 13,503
Court
Circuit Court, D. Nebraska
Trial court
Circuit Court, D. Nebraska
Trial court judge
DUNDY, District Judge
Decided
Opinion author
DUNDY, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
DUNDY, District Judge

Issues & holdings

3
Issues raised
3
affirmed
4
Holdings
Standard of review

Not specified in text (likely de novo for legal questions, clearly erroneous for factual findings)

Disposition rationale

Jury found defendant negligent based on evidence

Preservation

Issue preserved for review

Standard of review

Not specified in text

Disposition rationale

Father's negligence does not excuse defendant's negligence if defendant caused injury

Preservation

Issue preserved for review

Standard of review

Not specified in text

Disposition rationale

Jury found plaintiff free from blame due to tender years

Preservation

Issue preserved for review

Holdings of the court

Definition of negligence
Negligence is doing some lawful act in a careless, unusual, and improper way, or omitting the performance of some act required by law to be done, by which injury results to the person or property of another
Court provided this definition for jury instruction, considering time, place, things, persons, results, and entire transaction
unanimousbinding precedent
Contributory negligence of father
Negligence of a father in permitting his young and inexperienced child to wander from home does not prevent liability of the owner of dangerous machinery for injury resulting from owner's negligence
Father's duty is to child, and his failure does not excuse third party whose negligence caused injury
unanimousbinding precedent
Standard of care for railroad turntables
If a railroad company keeps and uses its turntable as prudent and well-managed railroad companies in other places are in the habit of doing, and it is not their habit to keep them locked, company is not liable for injury to child playing on turntable
Defendant introduced evidence that other railroads did not fasten turntables; if defendant did what prudent companies do, no negligence
unanimousbinding precedent
Child's contributory negligence
If child had sufficient knowledge, judgment, and foresight to know danger and did not exercise it to avoid danger, defendant would not be liable even if negligent
Child's capacity for judgment must be considered; if child too young to have necessary discretion, may be without blame
unanimousbinding precedent

Error analysis

  • Potential error in jury instructions on negligence — jury instruction · no error foundNot applicable · not applicable
  • Potential error in admitting evidence of industry custom — evidentiary · no error foundNot applicable · not applicable

Burden of proof

Prosecution burden
Plaintiff must prove negligence by preponderance of evidence
Defence burden
Defendant may assert contributory negligence as defense
Burden met
true

Standards of review

  • Negligence determinations — clearly erroneous Jury findings on negligence are factual determinations
  • Legal definition of negligence — de novo Judge provided legal definition for jury instruction

Timeline

Procedural path

Child injuredFirst trial mistrialSecond trial verdictSupreme Court affirm
4
Events
-1,036
Days, incident to ruling
— March 1869
Span
trial eventcited in opinion

First jury trial before Judge Dundy; jury failed to agree on verdict

Outcome: Mistrial due to hung jury

Initial trial resulted in no verdict

All issues
Judge Dundy · Jury · Parties · Attorneys Circuit Court, D. Nebraska trial court
trial eventcited in opinion

Second jury trial; jury found verdict for plaintiff for $7,500

Outcome: Verdict for plaintiff for $7,500

Plaintiff prevailed at trial

All issues
Judge Dundy · Jury · Parties · Attorneys Circuit Court, D. Nebraska trial court
After 1872appeal eventcited in opinion

Writ of error sued out and cause carried to Supreme Court where circuit court judgment was affirmed

Outcome: Affirmed

Final disposition affirming trial court

All issues
Supreme Court Supreme Court supreme court
March 1869factual eventcited in opinion

Plaintiff Harry G. Stout, age 6, injured while playing on defendant's unfastened railroad turntable when his foot was caught and crushed

Outcome: Severe foot injury with bone loss

Underlying incident giving rise to negligence claim

Negligence of defendantContributory negligence
Harry G. Stout Defendant's turntable near Blair, Nebraska not applicable

Facts & evidence

Incident

Date
March 1869
Location
Blair, Washington county, Nebraska, at defendant's railroad turntable

Key facts

5 facts
  1. Plaintiff Harry G. Stout, age 6, injured while playing on defendant's railroad turntable
  2. Turntable was unfastened and unguarded, easily turned by children or wind
  3. Turntable located about 1/4 mile from depot, 1500 feet from nearest public street, 3/4 mile from plaintiff's home
  4. Plaintiff's foot caught between iron bar on turntable and rail, causing severe crushing injury and bone loss
  5. Defendant proved it was not custom of other railroads to fasten or guard turntables

Procedural history

3 steps
  1. First trial: jury failed to agree
  2. Second trial: jury found for plaintiff for $7,500
  3. Writ of error to Supreme Court where circuit court judgment was affirmed

Evidence in the record

Direct
  • Testimony that plaintiff's foot was caught and crushed on turntable
  • Testimony that turntable was unfastened and unguarded
  • Testimony that turntable was easily turned by children or wind
Physical
  • Turntable with iron bars
  • Railroad track rails
Testimonial
  • Witness testimony about injury occurrence
  • Plaintiff's testimony about events
  • Defendant's railroad engineers testifying about industry custom
Documentary
  • Petition
  • Answer
Circumstantial
  • Location of turntable relative to depot and public areas
  • Habit of children playing on turntable
  • Defendant's knowledge or notice of children playing there
Expert
  • Expert name: Railroad engineers · Expertise: Railroad operations and customs · Opinion: It was not custom of other railroads to fasten, lock, or guard turntables
Challenged
  • Evidence type: Testimony about industry custom · Challenge basis: relevance · Trial court ruling: admitted · Reasoning: To show defendant acted as prudent railroad companies do · Challenged on appeal: false · Appellate outcome: not applicable

Jury

Verdict
For plaintiff Harry G. Stout
Verdict date
1872 (second trial)
Deliberation time
Not specified
Jury instructions given
  • Definition of negligence
  • Three special verdict questions: (1) father's negligence, (2) plaintiff's negligence and judgment, (3) defendant's negligence
  • Instruction that father's negligence does not excuse defendant's negligence
  • Instruction on standard of care based on industry custom
  • Measure of damages instruction considering youth, injury extent, pain, permanent disability
Jury instructions requested
  • Not specified in text

Sentencing

Sentence imposed
$7,500 damages awarded to plaintiff
Sentence type
discretionary
Sentencing date
1872
Restitution ordered
Not applicable
Fines ordered
Not applicable

Objects of relevance

Railroad turntableIron bars on turntableRailroad track rails

Policy considerations

  • Balancing parental responsibility with third-party liability
  • Standard of care for dangerous machinery accessible to children
  • Industry customs as evidence of reasonable care

Authorities

Cited authorities (2)

17 Wall. (84 U. S.) 657
followedsubsequent appeal
Supreme Court decision affirming circuit court judgment
8 Fed. 794
citedprior appeal
Prior appeal reference

Related cases (2)

17 Wall. (84 U. S.) 657
subsequent appeal
Affirmed circuit court judgment
8 Fed. 794
prior appeal
Not specified

Standards & doctrines

  • Negligence definition
  • Contributory negligence doctrine
  • Industry custom standard

Legal principles applied

  • Parent's negligence does not excuse third party's negligence
  • Child's capacity for judgment determines contributory negligence
  • Industry custom establishes standard of care

Notable quotes

“Negligence may be defined to be doing some lawful act in a careless, unusual, and improper way, or omitting the performance of some act required by law to be done, by which injury results to the person or property of another.”
DUNDY, District Judge — Judge Dundy's jury instruction defining negligence
Classic definition of negligence in tort law
“Negligence of a father in permitting his young and inexperienced child to wander from home, and go upon a dangerous piece of machinery, will not prevent liability of the owner of the machinery for an injury to the child, resulting from such owner’s carelessness and negligence in not properly guarding and securing the same.”
Headnote author — Headnote summarizing holding on contributory negligence
Establishes that parent's negligence does not bar child's recovery against third party
Index terms97
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Procedural terms
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Entities and documentation
Legal actions
Action type
affirmed
Target
circuit court judgment
Appealed from
Circuit Court, D. Nebraska
Citation
17 Wall. (84 U. S.) 657
Context
Supreme Court affirmed the judgment of the circuit court after writ of error
Scope
full
Disposition vote
unanimous
Action type
reversed and remanded
Target
first trial verdict
Appealed from
Circuit Court, D. Nebraska
Context
First trial resulted in hung jury; case retried
Scope
full
Further instructions
New trial ordered
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