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Loucks v. Standard Oil Co. of New York

224 N.Y. 99, 120 N.E. 198 (1918)

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Loucks v. Standard Oil Co. of New York

New York Court of Appeals

224 N.Y. 99, 120 N.E. 198 (1918)

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Facts

Everett Loucks was killed in Massachusetts through the negligence of employees of Standard Oil Co. of New York (Standard Oil) (defendant). Loucks, his wife, and their two children resided in New York; Standard Oil was also based there. The administrators of Loucks’s estate (plaintiffs) filed suit against Standard Oil in a New York court, seeking to recover under a Massachusetts statute that imposed liability on employers where the negligence of their employees caused death. The statute authorized damages of up to $10,000, to be based on the degree of culpability. New York law provided a different, civil remedy for death caused in that state. The Special Term of the Supreme Court allowed the case to proceed with the application of Massachusetts law. The Appellate Division reversed. Plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Cardozo, J.)

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