Boutiller v. Steamboat Milwaukee
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OE RAMSEY OOUNTY. Points and Authorities of Appellant. I. — The question involved in this case is this: Can an action to recover damages be maintained against a steamboat, for being wrongfully run upon and causing the death of a person ? We insist that it can. Sub. 4 of seo. l,p. 647 of the Compiled Statutes, provides that such an action may be maintained for “ injuries to persons.”
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APPEAL PROM THE DISTRICT COURT OE RAMSEY OOUNTY. Points and Authorities of Appellant. I. — The question involved in this case is this: Can an action to recover damages be maintained against a steamboat, for being wrongfully run upon and causing the death of a person ? We insist that it can. Sub. 4 of seo. l,p. 647 of the Compiled Statutes, provides that such an action may be maintained for “ injuries to persons.” This statute provides that every boat shall be liable for injuries done to a person, and may be sued by name. In the present case, had the party been injured, and death therefrom not…
1Opinion of the Court
By the Court
Flandrau, J.
This action is brought against the steamboat Milwaukee, by name, to recover dam-ges for the killing of Francis Boutiller, by wrongfully run*101ning him down while in a small boat in the Mississippi river. The damages claimed are five thousand dollars. The action is brought under the act concerning boats and vessels, found on page 641 of the Compiled Statutes, and the act concerning “actions by and against executors, administrators,” &c., found on page 610 of the same hoole. The complaint is demurred to, and the following points are made against its sufficiency :
That the…
2Cited by10 opinions
- Baugh v. LittleSupreme Court of Oklahoma · 1929
- Harrison v. MagoonHawaii Supreme Court · 1901
- Sonnesyn v. Federal Cartridge Co.District Court, D. Minnesota · 1944
- Atkinson v. DuffySupreme Court of Minnesota · 1870
- Grasso v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
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