« ΠροηγούμενηΣυνέχεια »
OF CASES ON
THE CONFLICT OF LAWS
JOSEPH HENRY BEALE, JR.
BUSSEY PROFESSOR OF LAW IN HARVARD UNIVERSITY
A SHORTER SELECTION OF
CASES ON THE CONFLICT OF LAWS.
MCDONALD v. MALLORY.
[Reported 77 N. Y. 546.] RAPALLO, J. For the purposes of this appeal the wrongful act or neglect causing the death of the plaintiff's intestate must be treated as having been committed upon the high seas. The complaint does not specifically allege that the disaster was caused by the unlawful or negligent lading of the petroleum on board of the vessel in the port of New York, and consequently the question whether that fact, if alleged, would establish that the wrong complained of was committed within the territorial bounds of this State, need not be considered.
We shall therefore come directly to the principal point argued, which is, whether under the statute of this State, which gives a right of action for causing death by wrongful act or neglect, an action can be maintained for thus causing a death on the high seas, on board of a vessel hailing from and registered in a port within this State and owned by citizens thereof; the person whose death was so caused
* The opinion only is given ; it sufficiently states the case. — Ed.