Issue:
Whether the defendant owed a duty of care to the plaintiff, and can prove the plaintiff was trespassing by entering onto the defendant’s property without permission and subsequently injuring themselves by operating the defendant’s tractor.
Rule:
Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. 657 (1873)
Analysis:
The plaintiff entered onto the defendant’s property without permission, and injured themselves by operating a tractor left on the front portion of the property by the defendant with the keys left in the tractor. If the plaintiff had been an adult, the defendant would not be liable for any damages since the defendant trespassed onto their land. However, the plaintiff in this case is a 5-year old boy which brings about the
Whether the defendant owed a duty of care to the plaintiff, and can prove the plaintiff was trespassing by entering onto the defendant’s property without permission and subsequently injuring themselves by operating the defendant’s tractor.
Rule:
Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. 657 (1873)
Analysis:
The plaintiff entered onto the defendant’s property without permission, and injured themselves by operating a tractor left on the front portion of the property by the defendant with the keys left in the tractor. If the plaintiff had been an adult, the defendant would not be liable for any damages since the defendant trespassed onto their land. However, the plaintiff in this case is a 5-year old boy which brings about the