Lindstrom v. International Nav. Co.

Citations

• 117 F. 170
• 1902 U.S. App. LEXIS 4424

Syllabus

<p>1. Shipping—Injury Causing Death, on High Seas—Jurisdiction.</p> <p>A steamship company operating an American vessel registered In the port of New York is liable to the administrator of a passenger whom it negligently permits to be washed overboard and drowned in the high seas, under Code Civ. Proc. N. Y. § 1902, conferring on a personal representative the right to sue for the death of his decedent where it was caused by a default for which the latter might have recovered if only injured thereby; since the tortious act was committed on board the vessel, and hence within the territory of the state of New York, though the injury was consummated by the death of the decedent in the high seas.</p> <p>2. Death by Negligence—Damages.</p> <p>A verdict of $5,000 awarded to a father, 52 years old, and in poor health, for the negligent killing of his daughter, a domestic servant, 23-years old, who habitually remitted to him about $3 a month, is grossly excessive, $1,500 being ample.</p>