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JOHNSON v. EASTERN AIR LINES

No. 27, Docket 21380.

177 F.2d 713 (1949)

JOHNSON v. EASTERN AIR LINES, Inc.

United States Court of Appeals, Second Circuit.

Decided October 28, 1949.

Attorney(s) appearing for the Case

William J. Junkerman, of New York City (Haight, Deming, Gardner, Poor & Havens and S. V. Silverthorne, Jr., all of New York City, on the brief), for defendant-appellee.

Edgar H. A. Chapman, of New York City (De Witt, Van Aken, Nast & Chapman and Macdonald De Witt and Harry H. Van Aken, all of New York City, on the brief), for plaintiff-appellant.

Before L. HAND, SWAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiff, as administrator of the estate of his son, sues for damages for the latter's death in an airplane accident in South Carolina on September 7, 1945. The action is brought upon the statute of that state, 1 S.C.Code, c. 15, § 411, 1942, granting a right of action for damages to the administrator of a person whose death is caused "by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would...

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