Kake v. Horton
Hawaii Supreme Court
The plaintiff is the widow of Charlie (Pihaole,) late steward on the American bark “ Frances Palmer,” who is alleged to have come to his death by the act of the defendant. She brought the action to recover damages for the loss thus sustained by her. The most important of the motions preliminary to the trial, was that to dismiss the cause for want of legal ground of action, which was debated at great length.
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The plaintiff is the widow of Charlie (Pihaole,) late steward on the American bark “ Frances Palmer,” who is alleged to have come to his death by the act of the defendant. She brought the action to recover damages for the loss thus sustained by her. The most important of the motions preliminary to the trial, was that to dismiss the cause for want of legal ground of action, which was debated at great length. The ruling of the Court, delivered by Justice Eobeetson, was as follows : We are of the opinion that much of the law read by the learned counsel for defendant, as well as a great part of…
1Opinion of the Court
The Court, per
Justice Robertson,
charged the jury in substance as follows :
This is not a re-trial of the case of Rex vs. Horton for manslaughter. The issues in the two cases are somewhat different, and so are the rules by which the two cases are to be decided.
There are three principal questions in this case :
1. As to whether or not this action can be maintained in law. This is a question for the Court, and has already been decided in the affirmative. This is said to be a novel case; and so it is in the Courts of this Kingdom. But in the Courts of those countries to whose judicial decisions we…
2Cited by29 opinions
- United States v. Harue HayashiCourt of Appeals for the Ninth Circuit · 1960
- Waialua Agricultural Co. v. ChristianSupreme Court of the United States · 1938
- Halberg v. YoungHawaii Supreme Court · 1957
- Hun v. Center PropertiesHawaii Supreme Court · 1981
- Rohlfing v. Moses Akiona, Ltd.Hawaii Supreme Court · 1961
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