Callahan

Callahan v. Eel River & Eureka Railroad

Good Law
1891 Cal. LEXIS 1175·92 Cal. 89·28 P. 104
Supreme Court of CaliforniaNovember 27, 1891No. 13640California442 words

Opinion

Lead Opinion

Belcher, J.

The material facts of this case are very nearly the same as those of Barrett v. Southern Pacific Company, decided by this court September 21,1891. ( 91 Cal. 296 .)

It appears here that on the 5th of August, 1887, the defendant owned and was operating a railroad, one terminus of which was at the city of Eureka, in the county of Humboldt. At this terminus it had a turn-table, which was held in place by the customary fastening of an iron latch dropped in a slot. By lifting the latch from the slot the table could be revolved.

The plaintiff was a child six years old, whose parents lived a short distance from the turn-table. On the day above named, he returned from school about three *92 o’clock, p. m., and thereafter was about the house and yard of his parents till he got his supper. His mother directed him not to leave the yard, but between six and seven o’clock, he, with some other boys, ran away down to the turn-table. He got onto the turn-table to have a ride, and sat down with his right leg over the side of it. The other boys turned the table, and as it went round his leg was caught between it and the timbers of the track, and so badly crushed that it had to be amputated above…

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