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KILBERG v. NORTHEAST AIRLINES

9 N.Y.2d 34 (1961)

Jack Kilberg, as Administrator of The Estate of Edward J. Kilberg, Deceased, Appellant, v. Northeast Airlines, Inc., Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1961.

Attorney(s) appearing for the Case

Lee S. Kreindler, Leonard J. Fassler and Jay R. Handwerger for appellant.

William J. Junkerman, James B. McQuillan and Maurice L. Noyer for respondent.

Judges DYE, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FULD concurs in result in a separate opinion; Judge FROESSEL concurs for affirmance in a separate opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

Defendant is a common carrier of passengers by air. Plaintiff's intestate, a passenger on one of defendant's planes, was killed in August, 1958 when the airship crashed and burned at Nantucket, Massachusetts, in the course of a flight from a New York airport. The complaint pleads three causes of action but this appeal has to do, immediately, with the second count only. That part of the complaint...

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