Earl G. Aronson, Administrator of the Estate of Flora Ritta Mae Aronson, Deceased, Etc. v. George A. McDonald

This is an appeal from a judgment in favor of appellee, defendant below, in an action brought under the Alaska wrongful death statute by appellant Earl G. Aronson, as administrator of the Estate of Flora Ritta Mae Aronson, deceased, for the benefit of the surviving husband, Earl G. Aronson, and children of the decedent: Earlene A. Roberts, Betty C. Howard, and Earl G. Aronson, Jr. The case was tried to the judge who found appellant’s intestate guilty of contributory negligence and held that she had assumed the risk of the defective automobile in which she was riding at the time of the fatal accident. From the judgment entered in favor of defendant, this appeal is prosecuted. Several points are urged for reversal. The only one which deserves serious consideration is the attack upon that part of the judgment which awards a personal judgment against Earl G. Aronson, as an individual and not in his capacity as administrator.

An extended statement of the facts i-s not needed. Suffice it to recount that appellant’s intestate was riding as a passenger, with other persons, in an automobile ownéd by appellee, and driven by his wife, Naomi McDonald, on Richardson Highway in Alaska between…