Legal Opinion

Rohlfing v. Moses Akiona, Ltd.

Hawaii Supreme Court

Decided November 28, 1961No. 4136Published

1Concurring in part, dissenting in part 1

OPINION OF

2Concurring in part, dissenting in part · CassidyCassidy, J.

The amended complaint in this action alleges that on March 19, 1958, plaintiff’s intestate, a 4-year-old child, fell into an open water-filled ditch negligently maintained by the defendants, and “subsequently, on the same day, drowned.” Damages prayed for in stated amounts respectively are: (1) “For pain and suffering by the deceased prior to his death;” and (2) “For the earnings which he would have received during his life expectancy after attaining the age of twenty years.”

The lower court granted the defendants’ motion to dismiss for failure of the complaint to state a claim upon…

3Cases cited16 opinions

  1. The CorsairSupreme Court of the United States · 1892
  2. St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
  3. Ellis v. BrownSupreme Court of Florida · 1955
  4. Rhone v. FisherCourt of Appeals of Maryland · 1961
  5. Kake v. HortonHawaii Supreme Court · 1860

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