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NEUMEIER v. KUEHNER

31 N.Y.2d 121 (1972)

Joan Neumeier, as Administratrix of The Estate of Amie Neumeier, Deceased, Respondent, v. Irene Kuehner, as Administratrix of The Estate of Arthur Kuehner, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Frank G. Godson for Irene Kuehner, appellant.

Courtland R. LaVallee for Canadian National Railway, appellant.

James S. McAskill and James N. Schmit for respondent.

Judges BURKE, SCILEPPI and GIBSON concur with Chief Judge FULD; Judge BREITEL concurs in a separate opinion in which Judge JASEN concurs; Judge BERGAN dissents and votes to affirm in an opinion.

Chief Judge FULD.

A domiciliary of Ontario, Canada, was killed when the automobile in which he was riding, owned and driven by a New York resident, collided with a train in Ontario. That jurisdiction has a guest statute, and the primary question posed by this appeal is whether in this action brought by the Ontario passenger's estate, Ontario law should be applied and...

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