Barrett v. Southern Pacific Co.
91 Cal. 296, 27 P. 666, 1891 Cal. LEXIS 1085 (1891)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A landowner is liable for injuries to a trespassing child if the injury is caused by an artificial condition that is maintained in a place where the owner knows or should know that children are likely to trespass, and the condition is one which the owner realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children.
Facts:
- Southern Pacific Co. (defendant) maintained a railroad turntable on its property.
- The turntable was located 150 yards from its depot, 72 feet from a public street, and near several homes with small children.
- The turntable was not enclosed by a fence or otherwise guarded, though it was equipped with a standard latch and slot.
- Children had frequently played on the turntable in the past, and defendant's employees would tell them to leave when they were observed.
- The plaintiff, an eight-year-old boy, saw other boys playing with the turntable.
- After giving the other boys some oranges for a ride, he got on the turntable.
- While the turntable was being revolved by the other boys, the plaintiff's leg was caught between the table and the rail, causing an injury so severe that it required amputation.
Procedural Posture:
- The plaintiff sued the defendant, Southern Pacific Co., in a trial court to recover damages for personal injuries.
- At trial, the defendant's motion for a nonsuit was denied.
- The jury returned a verdict in favor of the plaintiff for eight thousand five hundred dollars.
- The trial court entered a judgment in accordance with the jury's verdict.
- The defendant's subsequent motion for a new trial was denied by the trial court.
- The defendant, as appellant, appealed the judgment and the order denying the motion for a new trial to this court.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a landowner have a duty to exercise ordinary care to protect trespassing children from a dangerous, artificial condition on its property if the landowner should have reasonably anticipated that children would be attracted to the condition and likely be injured by it?
Opinions:
Majority - De Haven, J.
Yes. A landowner has a duty to exercise ordinary care to protect trespassing children from a dangerous condition on its property where it is foreseeable that children will be attracted to it and injured. The court rejected the strict rule that a landowner owes no duty to a trespasser, applying instead the maxim that one must use their property so as not to injure others. The court reasoned that a child of immature years is not expected to exercise the same judgment or self-restraint as an adult, a fact a reasonable person must know and act upon. When a landowner maintains dangerous and attractive machinery where children are likely to be, the owner must anticipate that children will be tempted to play with it. Therefore, leaving such machinery unguarded is an act of negligence, and the child's status as a trespasser does not bar recovery. The fact that the turntable was latched in the usual manner or that other children set it in motion does not absolve the defendant of its duty of care.
Analysis:
This decision solidifies the 'attractive nuisance' doctrine as an exception to the traditional rule regarding a landowner's limited duty to trespassers. By focusing on the foreseeability of harm to children, the ruling shifts the legal analysis from the child's status (trespasser) to the landowner's conduct and the nature of the hazard. This precedent imposes a greater duty of care on landowners to assess their property for conditions that might be both alluring and dangerous to children and to take reasonable preventative measures. It has significantly influenced tort law concerning child trespassers and landowner liability, requiring property owners to 'child-proof' their land to a reasonable extent when dangerous artificial conditions are present.
