United States Supreme Court Cases & Opinions

U.S. Supreme Court

Providence & Stonington SS. Co. v. Clare's Administratrix, 127 U.S. 45 (1888)

Providence & Stonington Steamship Co. v. Clare's Administratrix

No. 285

Argued April 26, 1888

Decided May 14, 1888

127 U.S. 45

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

In this case, which was an action for damages for a death caused, in a collision, by the alleged negligence of the owner of a vessel on which it was claimed the deceased was a passenger, the judgment below is reversed for error in refusing to direct a verdict for the defendant on the ground that there was no evidence that the deceased lost his life by reason of the collision or by the negligence of the defendant, and in refusing to grant the request of the defendant to go to the jury on the question whether the deceased lost his life by reason of the collision.

This was an action to recover damages for injuries resulting to the widow and children of Charles C. Clare by reason of

Page 127 U. S. 46

his death, alleged to have been caused by the negligence of the steamship company as common carriers, while he was a passenger on one of their steamers. Verdict for plaintiff and judgment on the verdict. Defendant sued out this writ of error. The case is stated in the opinion.