Neumeier v. Kuehner

Chief Judge Fuld.

A domiciliary of Ontario, Canada, was killed when the automobile in which he was riding, owned and *124driven by a New York resident, collided with a train in Ontario. That jurisdiction has a guest statute, and the primary question posed by this appeal is whether in this action brought by the Ontario passenger’s estate, Ontario law should be applied and the New York defendant permitted to rely on its guest statute as a defense.

The facts are quickly told. On May 7, 1969, Arthur Kuehner, the defendant’s intestate, a resident of Buffalo, drove his automobile from that city to Fort…