New York, New Haven & Hartford Railroad v. Fruchter

Background

An eight-year-old boy climbed a public steel railroad bridge in New York City to look for a bird’s nest, reached up a lattice strut toward a bird, touched a bare electric wire, and suffered severe injuries. The bridge carried tracks and had upright steel struts with cross arms and exposed wires. Notices saying “Live wires, Danger Keep Off” were posted at each corner. The boy and other children had climbed the structure before and were sometimes chased away by police or railroad guards. The boy’s father sued for his son’s injuries and related expenses. A lower federal court and the Court of Appeals entered judgments for the boy and his father.

Reasoning

The Court considered whether the railroad was legally responsible even though the boy was not invited onto the bridge. It acknowledged the general rule that property owners can sometimes be liable when they knowingly leave something dangerous that will attract children. But here the Court found no evidence that the railroad either invited or licensed children to climb the strut or that it failed to supply guards despite knowing children would be attracted. Because an adult in the same position could not recover, the Court concluded the jury had insufficient evidence to find the railroad liable and that the judge should have directed a verdict for the railroad. The Supreme Court therefore reversed the judgment for the plaintiffs.

Real world impact

The decision makes it harder for children who climb onto posted, uninviting structures to recover damages unless the owner actually invited them or failed to guard a known, irresistible danger. The case was sent back to the trial court for proceedings consistent with this ruling.