In re Kimball S. S. Co.

Citations

• 123 F. 838
• 1903 U.S. Dist. LEXIS 255

Syllabus

<p>1. Shipping—Carriage of Passengers—Transfer from Shore to Vessel.</p> <p>The liability of a steamship for' the safe carriage of persons whom she undertakes to convey on board from the shore in her boats as passengers is the same whether such persons had previously engaged pasr sage or were going on board for that purpose.</p> <p>2. Wrongful Death—Defenses to Action for Damages—Alaska Statute.</p> <p>In an action brought under Code Civ. Proc. Alaska, § 353, Carter’s Ann. Alaska Codes, p. 222, which provides that the personal representative of one whose death was caused by the wrongful act of another may maintain an action therefor if the deceased might have maintained an •action, had he lived, for an injury done by the same act or omission, the contributory negligence of the deceased is a defense.</p> <p>8. Contributory Negligence—Overcrowding of Boat.</p> <p>Where the officer in charge of a boat sent ashore by a steamship to bring off passengers stated to those who came into the boat that she was overloaded, and asked that some of them get out and wait until the boat could return, which they refused to do, and the boat capsized, the passengers were guilty of contributory negligence.</p> <p>¶ 2. See Death, vol. 15, Cent. Dig. § 25.</p>