Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

JACK KILBERG, ADMR. v. NORTHEAST AIRLINES, INC.*

[1961] 2 Lloyd's Rep. 406

UNITED STATES STATE OF NEW YORK COURT OF APPEALS

Before Desmond, Ch.J., and Fuld, Froessel, Dye, Burke, Foster and Van Voorhis, JJ.

Contract-Carriage by air-Death of passenger -Right of administrator to sue carrier in contract under New York law. Carriage by air-Death of passenger-Right of administrator to sue carrier in contract under New York law-Right of administrator to sue in tort - Whether "quantum" of damages limited by wrongful death statute of State where crash occurred or of State where contract of carriage was made and passenger resided. Conflict of laws-Tort-Whether "quantum" of damages limited by "lex loci delicti" or "lex fori".

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