Loucks v. Standard Oil Co. of New York
Court of Appeals of New York
120 N.E. 198 (1918)
Relevant factsFree
Loucks, a New York resident, was killed in Massachusetts by the negligence of Standard Oil's (defendant) employees; his estate administrators (plaintiffs) sued in New York to recover under a Massachusetts wrongful-death statute allowing up to $10,000 based on culpability, even though New York's own wrongful-death statute provided a different civil remedy. The trial court allowed the suit under Massachusetts law, but the Appellate Division reversed.
IssueFree
Whether it offends public policy for the forum to apply the law of a foreign state where the forum state's cause of action for the same offense provides for a different remedy.