Freeman v. Engelmann Transportation Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action by plaintiff as administratrix of the estate of Henry Freeman, deceased, to recover damages caused by the alleged negligence of the defendant in the management of its steamboat, the Lac la Belle, by reason of which plaintiff’s intestate was drowned.
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APPEAL from the County Court of Milwaukee County. Action by plaintiff as administratrix of the estate of Henry Freeman, deceased, to recover damages caused by the alleged negligence of the defendant in the management of its steamboat, the Lac la Belle, by reason of which plaintiff’s intestate was drowned. The answer, among other things, alleged that the small boats were lowered, and all passengers were invited into and, urged to tape them; that some of the passengers refused to go into the small boats, and wantonly and recklessly stayed upon said steamer when it was evident she must sink;…
1Opinion of the CourtRyan, C. J.
The answer of the appellant does not admit that the respondent’s intestate was on board of the lost steamboat; but admits that, if on board, he was lost. It avers that all the passengers on board were urged by the officers to take the small boats ; and that some of them refused to do so, recklessly staying on the sinking vessel, and being thereby lost. And it avers that the intestate, if on board and lost, was so lost by his own carelessness and recklessness in refusing to enter the small boats, and remaining on board the sinking vessel.
If these averments be true, the intestate’s own gross…
2Cases cited2 opinions
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Noonan v. OrtonWisconsin Supreme Court · 1872
3Cited by4 opinions
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
- McCarville v. BoyleWisconsin Supreme Court · 1895
- Wiesmann v. ShanleyWisconsin Supreme Court · 1905
- Morford v. PyleSouth Dakota Supreme Court · 1927