Legal Opinion

Pearson v. Northeast Airlines, Inc.

District Court, S.D. New York

Decided January 8, 1960PublishedCited by 3 opinions

1Opinion of the Court

WEINFELD, District Judge.

Plaintiff is the wife of John S. Pearson who was killed in the crash of one of the defendant’s airplanes on August 15,1958. She sues in her own behalf and as administratrix on behalf of her husband’s estate for damages for wrongful death and conscious pain and suffering, allegedly due to the negligence of the defendant. The ill-fated flight originated in New York and the accident occurred in the vicinity of Nantucket, Massachusetts. Seven causes of action are alleged. Defendant moves under Rule 12 of the Federal Rules of Civil Procedure, to dismiss the third, fourth,…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  4. Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
  5. Baldwin v. PowellNew York Court of Appeals · 1945

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3Cited by3 opinions

  1. Marilyn W. Pearson, as Administratrix of the Goods, Chattels, and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962
  2. Hendrix v. NapolitanoDistrict Court, District of Columbia · 2015
  3. Marilyn W. Pearson, as Administratrix of the Goods, Chattels, and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962

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