Carrigan v. Stillwell
Supreme Judicial Court of Maine
Exceptions by plaintiff. Sustained. Action under Stat. 1891, c. 124, to recover for the death of plaintiff’s intestate, who was burned to death in the defendant’s building, on October 16, 1901. It was claimed that the defendant was liable because he had not provided any fire-escape on the building. The defendant filed a general demurrer to the declaration which was sustained by the court below.
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Exceptions by plaintiff. Sustained. Action under Stat. 1891, c. 124, to recover for the death of plaintiff’s intestate, who was burned to death in the defendant’s building, on October 16, 1901. It was claimed that the defendant was liable because he had not provided any fire-escape on the building. The defendant filed a general demurrer to the declaration which was sustained by the court below. At the hearing upon the demurrer at nisi prius the defendant contended that 'the plaintiff’s declaration was defective for the following reasons: • ■ First, that there was no allegation in the…
1Opinion of the CourtWiswell, C. J.
This is an action under ch. 124, Public Laws of 1891, to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the fault of the defendant. The *249defendant filed a general demurrer to the declaration, which was sustained, pro forma, by the court at nisi prius, and the case comes here upon the plaintiff's exception to this ruling. It will only be necessary to consider the objections to the declaration that are urged by counsel in support of his demurrer.
I. It is contended that the declaration contains no such sufficient allegation of the immediate death of the…
2Cases cited5 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- McRickard v. . FlintNew York Court of Appeals · 1889
- Arms v. AyerIllinois Supreme Court · 1901
- Landgraf v. KuhIllinois Supreme Court · 1900
- Perry v. BangsMassachusetts Supreme Judicial Court · 1894
3Cited by9 opinions
- Moore v. Dresden Investment Co.Washington Supreme Court · 1931
- Steiert v. CoulterIndiana Supreme Court · 1913
- Clarke v. Yukon Investment Co.Washington Supreme Court · 1915
- Roxas v. GognaCalifornia Court of Appeal · 1940
- Cowen v. Story & Clark Piano Co.Appellate Court of Illinois · 1912
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