(DOWNLOAD) "Komlos v. Compagnie Nationale Air France" by Second Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Komlos v. Compagnie Nationale Air France
- Author : Second Circuit United States Court Of Appeals
- Release Date : January 30, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
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 defendants negligence, to damages for wrongful death and indemnity ("moral damages") for the psychic suffering which the death caused to her. Judge Leibell found, and we think properly so, that, under the Portugal law as submitted to him and under the law of New York, Bertha Komlos, the mother of the deceased, has the sole beneficial interest in any recovery for the wrongful death of Emery Komlos, since she was the deceaseds sole dependent and his only next of kin as defined by the New York statute. As Administratrix of her brothers estate, Edith Komlos has standing, as a nominal plaintiff, to sue for her mother. The right of the administratrix to bring the action is recognized by the law of Portugal.
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