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Torts Keyed to Goldberg
Osterlind v. Hill
Facts
Albert Osterlind and Ryan decided to rent a canoe from Harold Hill, Defendant, a commercial lessor of boats. Osterlind and Ryan were both intoxicated. Subsequently, their canoe capsized. For about half an hour, Osterlind was to clunging to the canoe and calling out for assistance. Defendant allegedly heard Osterlind’s calls, but chose notto respond. Eventually, Osterlind let go of the canoe and drowned. Plaintiff, the administrator of his estate, brought suit against Defendant claiming that Defendant’s acted with willful, wanton, reckless, or negligent conduct, and that such conduct was the cause of Osterlind’s drowning. The trial court sustained Defendant’s demurrer to the complaint, and the administrator of Osterlind’s estate appealed.
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