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| Babcock v. Jackson | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| New York Court of Appeals | |||||||||||
| Argued January 23, 1963 Decided May 9, 1963 |
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| Holding | |||||||||||
| The law of the jurisdiction governs that has the strongest interest in the resolution of the particular issue presented. Appellate Division reversed. | |||||||||||
| Chief Judge Charles S. Desmond | |||||||||||
| Associate Judges Marvin R. Dye, Stanley H. Fuld, John Van Voorhis, Adrian P. Burke, Sydney F. Foster, John F. Scileppi | |||||||||||
| Case opinions | |||||||||||
| Majority by: Fuld Joined by: Desmond, Dye, Burke, Foster Dissent by: Van Voorhis Joined by: Scileppi |
Babcock v. Jackson, 191 N.E.2d 279 (N.Y. 1963) is a landmark U.S. case on conflict of laws.
A husband and wife from New York went on a car trip with a friend Babcock to Ontario. While in Ontario they had a motor vehicle accident. Babcock sued Jackson, the driver. Under the old conflict rules, the law of the place of the accident should apply. However, Ontario had a law that prohibited passengers from suing the driver.
The Court, however, held that the parties did not have substantial connection with Ontario and so it would be unfair to apply the law as the location was largely fortuitous. The Court found that the jurisdiction with the most connections was New York and so New York law should apply.
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- This page was last modified on 15 May 2008, at 16:40.
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