Sioux City & Pacific Railroad Co. v. Stout

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1874 United States Supreme Court case

Sioux City & Pacific R.R. Co. v. Stout
Supreme Court of the United States
Decided January 26, 1874
Full case name	Sioux City & Pacific R.R. Co. v. Stout
Citations	84 U.S. 657 (more)17 Wall. 657; 21 L. Ed. 745
Court membership
Chief Justice vacant Associate Justices Nathan Clifford · Noah H. Swayne Samuel F. Miller · David Davis Stephen J. Field · William Strong Joseph P. Bradley · Ward Hunt
Case opinion
Majority	Hunt, joined by unanimous

Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. (17 Wall.) 657 (1873), was a case decided by the Supreme Court of the United States that first enunciated the idea that a landowner could be liable for the injuries of a child trespasser.

Background

On March 29, 1869, a small child was injured by a railroad turntable owned by Sioux City and Pacific Railroad, which was being operated in Blair, Nebraska. The child was playing on the turntable, which injured his/her foot. The father took the company to court in the federal Circuit Court for the District of Nebraska. After a first jury trial failed to reach a decision, a second jury awarded the father $7,500 in 1872. The railroad then sought a writ of error from the Supreme Court.

Decision

A child was injured by a railroad turntable owned by Sioux City and Pacific Railroad, which was being operated in Blair, Nebraska. Sioux City & Pacific Railroad company was held liable, despite the prevailing idea that a landowner was not held liable for injuries to trespassers. Trespassing children were thought to be a special case that required a higher duty of care. This theory of liability came to be known as the "turntable doctrine" and later the attractive nuisance doctrine by the case Keffe v. Milwaukee & St. Paul R.R. Co.

External links

Text of Sioux City & Pacific R.R. Co. v. Stout, 84 U.S. (17 Wall.) 657 (1873) is available from: Cornell Justia Library of Congress OpenJurist

References

Hudson, Manley O. (May 1923). "The Turntable Cases in the Federal Courts". Harvard Law Review. 36 (7): 829–830. doi:10.2307/1328445. JSTOR 1328445.
84 U.S. at 659.

United States tort law

Intentional Torts

Assault & Battery	Garratt v. Dailey Katko v. Briney Vosburg v. Putney Picard v. Barry Pontiac-Buick, Inc. Sheridan v. United States
Abuse of process	Hartman v. Moore
intentional infliction of emotional distress	Snyder v. Phelps Hustler Magazine v. Falwell
Trespass to land & Trespass to chattels	Rowland v. Christian CompuServe Inc. v. Cyber Promotions, Inc. Dougherty v. Stepp Intel Corp. v. Hamidi United Zinc & Chemical Co. v. Britt Sioux City & Pacific Railroad Co. v. Stout
Conversion	Haslem v. Lockwood Popov v. Hayashi
Privacy, Publicity rights	Taus v. Loftus Zacchini v. Scripps-Howard Broadcasting Co.
Tortious interference	Redbox Automated Retail LLC v. Universal City Studios LLLP
Defamation	See United States defamation law

Negligence

Duty of care	Brown v. Kendall Trimarco v. Klein Jablonski by Pahls v. United States Kerans v. Porter Paint Co. Palsgraf v. Long Island Railroad Co. Mexicali Rose v. Superior Court
Medical malpractice	Landeros v. Flood Union Pacific Railway Co. v. Botsford Mohr v. Williams Schloendorff v. Society of New York Hospital Tarasoff v. Regents of the University of California Scott v. Bradford
Wrongful death, Loss of consortium	Cahoon v. Cummings Hitaffer v. Argonne Co. Werling v. Sandy
Common employment	Albro v. Agawam Canal Co. Farwell v. Boston & Worcester Railroad Corp. Vance v. Ball State University
Public Authority, Fireman's rule, Negligence per se	Boub v. Township of Wayne Briscoe v. LaHue United States v. GlaxoSmithKline Seong Sil Kim v. New York City Transit Authority United States v. Johnson (1987) Martin v. Herzog Tedla v. Ellman Yount v. City of Sacramento Pearson v. Callahan Saucier v. Katz
Causation	Summers v. Tice Ybarra v. Spangard Ultramares Corp. v. Touche Gross v. FBL Financial Services, Inc.
Negligent infliction of emotional distress	Krouse v. Graham Dillon v. Legg Archibald v. Braverman Thing v. La Chusa Miller v. National Broadcasting Co. Molien v. Kaiser Foundation Hospitals

Nuisance

Public	Spur Industries, Inc. v. Del E. Webb Development Co.
Private	Boomer v. Atlantic Cement Co.

Strict liability

Ultrahazardous activity	Alwin v. State Farm Fire & Casualty Co. Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
Product liability	Thomas v. Winchester Sindell v. Abbott Laboratories Friend v. Childs Dining Hall Co. Loop v. Litchfield Losee v. Clute Merrell Dow Pharmaceuticals Inc. v. Thompson Geier v. American Honda Motor Co. Chysky v. Drake Bros. Co. Devlin v. Smith

Damages

Joint and several liability	Walt Disney World Co. v. Wood
Comparative negligence	Li v. Yellow Cab Co. Knight v. Jewett Hoffman v. Jones American Motorcycle Ass'n v. Superior Court
Punitive damages	BMW of North America, Inc. v. Gore Liebeck v. McDonald's Restaurants Pearson v. Chung Honda Motor Co. v. Oberg State Farm Mutual Automobile Insurance Co. v. Campbell

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