New York Court of Appeals

Jack Kilberg, as Administrator of the Estate of Edward J. Kilberg v. Northeast Airlines, Inc.

January 12, 19619 N.Y.2d 34

Summary

The Court affirmed the dismissal of the plaintiff's second cause of action, holding that a contract claim for wrongful death against a common carrier is not available under New York law. It also noted, without deciding, that the Massachusetts statutory damage limit should not be applied to the first wrongful‑death claim.