Van Anda v. Northern Nav. Co. of Ontario, Ltd.

Citations

• 111 F. 765
• 55 L.R.A. 544
• 1901 U.S. App. LEXIS 4427

Syllabus

<p>Carriers—Insufficient Accommodations of Steamship—Action fob Death of Rassengbh.</p> <p>Libelant’s intestate purchased tickets for passage, meals, and berths for himself, wife, and daughter on respondent’s steamship from a lake port in Canada. On presenting them, he was told that berths could not be furnished, not having been reserved, and the vessel having an extraordinary number of passengers, owing to its being the close of the summer season, when an unusual number of passengers were returning-from the lake resorts. He insisted on going, and was then told that if he would accept a cot or mattress for himself, his wife and daughter would be furnished with a berth. He accepted the offer, and the officers procured a number of mattresses from a dealer, one of which he took, and on which he slept. On reaching port the next morning, he was taken with a chill, which developed into pneumonia, from which he died a few days later. Suit was brought under the Canadian statute giving-a right of action for wrongful death, it being alleged the death was caused by the dampness of the mattress; no claim being made on the ground of breach of contract. Held that, under the facts shown, respondent was not chargeable with negligence, the officers of the vessel having-done all that was reasonably possible to meet an extraordinary emergency, but that in accepting the accommodations offered, with knowledge of tlie conditions existing, deceased assumed whatever risk was involved.</p>