Chicago & S. H. S. S. Co. v. Lynch
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action at law by Birdie Lynch against the Chicago & South Haven Steamship Company. Judgment for plaintiff, and defendant brings error. The plaintiff and her mother on July 22, 1909, purchased excursion tickets at Chicago for a round trip to South Haven and return.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action at law by Birdie Lynch against the Chicago & South Haven Steamship Company. Judgment for plaintiff, and defendant brings error. The plaintiff and her mother on July 22, 1909, purchased excursion tickets at Chicago for a round trip to South Haven and return. They paid $1 each for two tickets, and this entitled them to passage on the steamer, but did not include either meals, staterooms, or berths. The steamer South Haven is a steel passenger steamer 248 feet long, 43 feet…
1Opinion of the CourtSanborn, District Judge
(after stating the facts as above). The main question is whether plaintiff was injured by the rolling of the steamer and her own seasickness, over which defendant had no control, or by the negligence of the cabin watchman in moving her from a place of'safety into an unsafe position. Counsel for defendant urges that one place was as safe as the other, that no other person fell, that no reasonable person would anticipate an injury from the placing of plaintiff in a comfortable and proper chair near the center of the stateroom, even in her condition of sickness, and that the highest degree of…
2Cases cited5 opinions
- Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
- Croom v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1893
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Conolly v. Crescent City RailroadSupreme Court of Louisiana · 1889
- Mathew v. Wabash RailroadMissouri Court of Appeals · 1904
3Cited by1 opinion
- Compagnie Générale Transatlantique v. BumpCourt of Appeals for the Second Circuit · 1916