Kilberg v. Northeast Airlines, Inc.

The plaintiff’s intestate, a passenger for hire, traveling in the defendant’s plane from New York to Nantucket, *262Massachusetts, on August 15, 1958, was killed when the plane crashed on Nantucket Island.

The cause of action under consideration, predicated upon the breach of a contract made in New York, seeks to recover for loss of accumulation on behalf of the estate, pursuant to the New York Decedent Estate Law (§ 116). We are, of course, not concerned here with the causes of action for wrongful death and conscious pain and suffering.

The plaintiff alleges substantially that the defendant…