Maynard v. Eastern Air Lines, Inc. (178 F.2d 139, 1949)

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the plaintiff from a judgment of $20,000 recovered against the defendant, and from an order denying interest upon such judgment. The defendant operates aircraft as a common carrier, for the transportation of passengers, mail, and baggage. The plaintiff’s husband Paul Maynard purchased a ticket at New York for passage to Boston on a regularly scheduled flight. On January 18, 1946, the aircraft crashed to the ground at or near Cheshire, Connecticut, through the alleged negligence of the defendant, and as a result the plaintiff’s husband suffered serious injuries which resulted in his death. Thereafter the plaintiff, as administratrix of his estate,'brought this action to recover damages in the sum of $250,000, whereupon the defendant filed its answer denying negligence and also alleging by way of defense that the personal injuries to, and death of Paul Maynard occurred in the State of Connecticut, and that under the law of that state the administratrix could not recover more than $20,000 for injuries resulting in death. Thereafter the action was tried to a jury. The judge submitted the issue of negligence to the jury and instructed it that under the terms of the death statute of the State of Connecticut, where the accident occurred, damages were limited to $20,000. The jury rendered a verdict for the plaintiff in the sum of $20,-000, and judgment was entered in that amount. Thereafter the plaintiff moved to add interest thereon from the date of death to the date of judgment, and the motion was denied by the judge. From the judgment limiting damages to $20,000, and the order denying interest thereon from the