D was engaged in the business of letting for hire pleasure boats and canoes to be used on Lake Quannapowitt. P rented a canoe to Intestate (P) and Ryan who were alleged to be intoxicated, and manifestly unfit to go upon the lake in the canoe. It overturned and the intestate after hanging to it for approximately one half hour, and making loud calls for assistance, which calls D heard and utterly ignored, was obliged to release his hold, and was drowned. P sued D, and the trial court sustained demurrers to both the original and amended declarations. P appealed.

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