Goldberg v. Kollsman Instrument Corp.

12 N.Y.2d 432, 240 N.Y.S.2d 592, 191 N.E.2d 81 (1963)

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Issues

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Nature Of The Case

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Facts

P, an administratrix, sued for damages for the death of her daughter-intestate as the result of injuries suffered in the crash near La Guardia Airport of an airplane in which the daughter was a fare-paying passenger on a flight from Chicago to New York. American (D), the owner and operator of the plane, was sued for negligence along with Lockheed (D), the manufacturer of the plane, and Kollsman (D), the altimeter manufacturer. Kollsman (D) and Lockheed (D) were charged with breaching their respective implied warranties of merchantability and fitness. The airplane had crashed due to a defective altimeter. The court dismissed the claims against Lockheed (D) and Kollsman (D). P appealed, and the appellate court affirmed. P appealed.

Rule Of Law

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Holding & Decision

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Legal Analysis

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