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Kilberg v. Northeast Airlines, Inc.
New York Court of Appeals
9 N.Y.2d 34, 172 N.E.2d 526 (1961)
The decedent of Kilberg (plaintiff) died when an aircraft operated by Northeast Airlines, Inc. (defendant) crashed. The flight originated in New York and crashed in Massachusetts. At the time of the accident, Massachusetts law limited the damages available for wrongful death against a common carrier to no more than $15,000. Kilberg filed a wrongful-death action against Northeast Airlines in New York state court.
Rule of Law
Holding and Reasoning (Desmond, C.J.)
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