OSTERLIND V. HILL
160 N.E. 301 (1928)
NATURE OF THE CASE: Osterlind (P) appealed a trial court's decision to sustain Hill's (D)
demurrer in P's action for causing conscious suffering and death.
FACTS: D was engaged in the business of letting for hire pleasure boats and canoes to be
used on Lake Quannapowitt. P rented a canoe to Intestate (P) and Ryan who were alleged to be
intoxicated, and manifestly unfit to go upon the lake in the canoe. It overturned and the
intestate after hanging to it for approximately one half hour, and making loud calls for
assistance, which calls D heard and utterly ignored, was obliged to release his hold, and
was drowned. P sued D and the trial court sustained demurrers to both the original and
amended declarations. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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