Legal Opinion

Kentzler v. American Mutual Accident Ass'n of Oshkosh

Wisconsin Supreme Court

Decided November 13, 1894PublishedCited by 24 opinions

APPEAL from the Circuit Court for Ashland County. About 188G the parents of the plaintiff, Emma Kentzler, had separated at or near Detroit, Mich., and always thereafter continued to live separate. Emma and her mother remained in Michigan, but her father, Joseph Kentzler, went to Ashland in this state, and in 1892 he was employed as an engineer of a tugboat operated by the Ashland Brown Stone Company on Chequamegon Bay, under Capt.

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APPEAL from the Circuit Court for Ashland County. About 188G the parents of the plaintiff, Emma Kentzler, had separated at or near Detroit, Mich., and always thereafter continued to live separate. Emma and her mother remained in Michigan, but her father, Joseph Kentzler, went to Ashland in this state, and in 1892 he was employed as an engineer of a tugboat operated by the Ashland Brown Stone Company on Chequamegon Bay, under Capt. John Herbert, who, with the engineer, fireman, and steward, made up the crew, and all lived and slept on the tug. On September 20, 1892, the said Joseph Kentzler…

1Opinion of the CourtCassoday, J.

It may be fairly inferred from the circumstances attending the disappearance of Mr. Kentzler on the evening of November 9, 1892, and the finding of his body .in the water of the bay, April 19, 1893, as mentioned in the foregoing statement, that as he went from the hotel to the tug for the purpose of retiring, and while in the act of ■stepping from the scow to the tug, he accidentally fell between the two into the water below, and was drowned. He was at the time about forty-six years of of age, in good health, and apparently sober, although he had taken a drink of whisky while at the hotel,…

2Cases cited5 opinions

  1. Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
  2. Webster v. MorrisWisconsin Supreme Court · 1886
  3. Insurance Companies v. BoykinSupreme Court of the United States · 1871
  4. Stevens v. BreenWisconsin Supreme Court · 1890
  5. Richardson v. EndWisconsin Supreme Court · 1877

3Cited by24 opinions

  1. Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
  2. RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
  3. Woodmen Accident Ass'n v. PrattNebraska Supreme Court · 1901
  4. Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
  5. McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898

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