Babcock v. Jackson

Infobox New York COA case
Litigants=Babcock v. Jackson
ArgueDate=January 23
ArgueYear=1963
DecideDate=May 9
DecideYear=1963
FullName=Georgia W. Babcock v. Mabel B. Jackson, as Executrix of William H. Jackson, Deceased
Citations=191 N.E.2d 279; 12 N.Y.2d 473
Prior=Complaint dismissed, Sup. Ct. Special Term; aff'd, App. Div.
Subsequent=
Holding=The law of the jurisdiction governs that has the strongest interest in the resolution of the particular issue presented. Appellate Division reversed.
ChiefJudge=Charles S. Desmond
AssociateJudges=Marvin R. Dye, Stanley H. Fuld, John Van Voorhis, Adrian P. Burke, Sydney F. Foster, John F. Scileppi
Majority=Fuld
JoinMajority=Desmond, Dye, Burke, Foster
Dissent=Van Voorhis
JoinDissent=Scileppi
LawsApplied=

"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.

External links

* [http://www.courts.state.ny.us/reporter/archives/babcock_jackson.htm Full text of decision]