Weik v. Southern Pacific Co.

Negligence—Turntable Near Highway—Liability of Railroad to Children.—A railroad company which maintains a turntable unlocked and unguarded near a public highway is liable for personal injuries received by .a boy ten years old* from playing with or riding on it.

Id.—Contributory Negligence of Boy.—The question of contributory negligence of a boy ten years old in playing on the turntable is for the jury.

Id.—Children—Age When Accountable for Actions.—There is no precise age at which, as a matter of law, a child is to be held accountable for his actions to the same extent as an adult.

Id.—Broken Lock of Turntable—Knowledge of Railroad.—An instruction that if the jury should find that the railroad company did not break or cause to be broken the fastenings of the turntable, but that the same were -broken without its knowledge or consent, the verdict should be for the defendant, is properly refused. It omits the qualification of knowledge attained by the exercise of ordinary care.

Id.—Negligence of Parent—Instructions.—An instruction that a parent who permits his child- to play in places where or with instruments or appliances with which he knows, or as a reasonable person ought to know, the child is liable to be injured, cannot recover damages for injury to the child, is properly refused. It ignores the defendant’s negligence as a possible or probable cause of the injury.