KOMLOS v. COMPAGNIE NATIONALE AIR FRANCE

No. 59, Docket 22751.

209 F.2d 436 (1953)

KOMLOS v. COMPAGNIE NATIONALE AIR FRANCE.

United States Court of Appeals, Second Circuit.

Decided December 30, 1953.

Rehearing Denied February 26, 1954.


Attorney(s) appearing for the Case

Frederick W. Scholem, New York City (Theodore E. Wolcott, New York City, of counsel), for plaintiff-appellant.

Sutta & Frankel, New York City (Nathan Frankel, Frank Reiter, New York City, of counsel), for Royal Indemnity Co.

Foley & Statt, New York City (Frank J. Foley and Milton James, New York City, of counsel), for defendant-appellee.

Before SWAN, FRANK and MEDINA, Circuit Judges.


FRANK, Circuit Judge.

1. For the death of Emery Komlos there is a single indivisible cause of action with two items of damage. Since the accident resulting in Komlos' death occurred within a province of Portugal, the Portugal law (the lex loci delicti) applies. Under it, the dependent of the deceased is entitled, upon proof of defendant's negligence, to damages for wrongful death and indemnity ("moral damages") for the psychic suffering which the death caused...

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