McManus
McManus v. Red Salmon Canning Co.
Opinion
Lead Opinion
Zook, J.
This is an appeal upon the judgment-roll from a judgment for defendant in an action for' the wrongful death of plaintiff’s intestate, John McManus. The complaint alleges that defendant, a California corporation, hired decedent at San Francisco, as a seaman and also to do shore work for it on a voyage to Alaska; that on July 17, 1915, while decedent was working in a pile-driving crew for defendant near Naknek, Alaska, he was struck by a block that fell from defendant’s pile-driver and was killed; that the accident was caused by the defendant’s negligence in using a block and strap known to it to be defective; that, under two statutes of Alaska, which are pleaded at length, an action for wrongful death may be brought by the personal representative of the decedent, and that plaintiff is the administrator of'decedent’s estate, duly appointed by the superior court for the city and county of San Francisco; that decedent left no wife or child, but both his parents are living; and that by reason of his death “his estate” had suffered damage in the sum of $9,999.
Defendant’s demurrer having been overruled, it filed its answer and the cause went to trial on April 3, 1916, and on April 8,…