Chicago, B. & Q.R. Co. v. Krayenbuhl
Supreme Court of Nebraska
83 N.W. 156 (Neb. 1900)
Four-year-old Krayenbuhl (plaintiff) was injured when he and other children found an unlocked railroad turntable, maintained by the railroad (defendant) about 70 feet from a commonly used public pathway, and set it in motion while Krayenbuhl's foot was caught between the rails, severing it at the ankle; although company rules required the turntable to be locked when not in use, employees frequently disregarded this rule, and no warnings were given to the children or their parents about the danger. A jury found for Krayenbuhl, and the company appealed.
Whether a party is negligent for failing to take the precautions an ordinarily prudent person would take under the circumstances, specifically by leaving a known dangerous instrumentality unsecured near an area frequented by children.