Written Assignment – Stout Case
Sioux City & P.R. Co. v. Stout
1. a. In this case which party is the
‘plaintiff’ and which one is the ‘defendant’?
b. The case also mentions the
legal terms, ‘writ of error’ and ‘plaintiff in error’.
i.
What are the meanings of these legal terms?
ii. Which party is the
‘plaintiff in error’?
2. This case was the first (of many) that came to be known as the
‘turntable cases’,
which ultimately led to the
doctrine of the ‘attractive nuisance’. Although the
latter expression was never
explicitly mentioned in the Stout case, what did the
Court say that leads you to think that they
were already thinking along these lines?
Cite a sentence or two from the court’s opinion.
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The "attractive nuisance" doctrine become
fully developed with the case, Keffe V. Milwaukee
& St. Paul Railway Company.
3. What are some of the principal metaphors found in this case that are
used for describing an "attractive nuisance"?