Wien Alaska Airlines, Inc. v. Simmonds

241 F.2d 57 WIEN ALASKA AIRLINES, Inc., Appellant, v. Samuel SIMMONDS, Administrator of the Estate of Martha Simmonds, Deceased, for the benefit of Samuel Simmonds, and the children of the deceased, namely, Leona Simmonds, Nellie Simmonds, Doreen Simmonds, Eli Simmonds, Margaret Simmonds, and Arnold Simmonds, Appellee. No. 15149. United States Court of Appeals Ninth Circuit. February 11, 1957. Collins, Clasby & Sczudlo, Fairbanks, Alaska, for appellant. Robert A. Parrish, Fairbanks, Alaska, for appellee. Before HEALY, CHAMBERS, and HAMLEY, Circuit Judges. HEALY, Circuit Judge. 1 This is an appeal by Wien Alaska Airlines from a judgment of the district court entered on the verdict of a jury. 2 Martha Simmonds met her death on October 10, 1951, in the crash of an airplane in Alaska growing out of Wien's negligence. Surviving her were her husband and six minor children. The widower, as administrator, brought suit against Wien for wrongful death, alleging in his complaint pecuniary damages in the sum of $15,000 suffered by the survivors in consequence of the death of the wife and mother. Wien moved for a dismissal on the ground that the complaint failed to state any recoverable…