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Osterlind v. Hill

Supreme Judicial Court of Massachusetts

160 N.E. 301 (1928)

Relevant factsFree

Albert Osterlind and a companion, both intoxicated, rented a canoe from commercial boat lessor Harold Hill (defendant); their canoe capsized, and Osterlind clung to it for half an hour calling for help, which Hill apparently heard but did not answer, before Osterlind eventually let go and drowned. The administrator of Osterlind's estate (plaintiff) sued Hill for willful, wanton, reckless, or negligent conduct causing the drowning, and the trial court sustained Hill's demurrer to the complaint; the administrator appealed.

IssueFree

Whether a commercial boat lessor breaches a legal duty by renting a canoe to a visibly intoxicated customer who subsequently drowns within the lessor's hearing after clinging to the overturned boat and calling for help.

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