30 Minn. 126 | Minn. | 1883
This action is brought by plaintiff, who is the mother and administratrix of Ole Opsahl, deceased, to recover damages for his death, alleged to have been occasioned by the wrongful acts and negligence of defendants’ servants in the management of their steamboat, on which deceased was a passenger. It appears that on or about May 1, 1881, one Taenhauser chartered of defendants’ agents the steamboat in question for an excursion from Still-water to Taylor’s Falls, on the St. Croix river, in this state, on Sunday, May 15th, following; the same, however, to be run and managed by the servants and employes of defendants. Plaintiff’s intestate took passage on the boat as one of the excursion party on that day, and was thrown overboard and drowned. At the trial sev
Lastly, it is conceded that the casualty occurred on the east or Wisconsin side of the channel of the river. By the legislation of congress, and the constitutions of the states of Wisconsin and Minnesota, adopted in conformity therewith, these states have concurrent jurisdiction on the St. Croix river and its waters. The interstate boundary line is conceded to be the centre of the main channel, and the jurisdiction of each state beyond that and opposite the shore possessed by it is limited to the river and its waters. Since each state has accepted and consented to this qualified grant of jurisdiction on the waters of the river within and beyond its boundary line, and incorporated it in its constitution, it is substantially the same as if each had ceded such jurisdiction, and the rights and priv
The case should not have been withdrawn! from the jury, and the order denying a ne,v trial should be reversed.