Legal Opinion

Pearson v. Northeast Airlines, Inc.

District Court, S.D. New York

Decided November 14, 1961PublishedCited by 15 opinions

1Opinion of the Court

McGOHEY, District Judge.

The plaintiff sues for damages for her husband’s death in the crash of the defendant’s airplane on which he was a passenger, at Nantucket, Massachusetts on August 15, 1958. The legal basis for her claim is the Massachusetts Wrongful Death Statute. 1 That statute limits the amount recoverable in such a case to a “sum of not less than two thousand nor more than fifteen thousand dollars, to be assessed with reference to the degree of culpability of the defendant or of his or its servants or agents * * Despite this, the plaintiff asks damages of $600,-000 for the allegedly…

2Cases cited4 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  4. Medinger v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by15 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. Beatrice Antonette Tramontana v. S. A. Empresa De Viacao Aerea Rio Grandense, a Brazilian Corporation, T/a Varig AirlinesCourt of Appeals for the D.C. Circuit · 1965
  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
  4. Goranson v. KloebCourt of Appeals for the Sixth Circuit · 1962
  5. Goranson v. KloebCourt of Appeals for the Sixth Circuit · 1962

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