Simmonds

This is an appeal by Wien Alaska Airlines from a judgment of the district court entered on the verdict of a jury.

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 com" laint 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 damages under the Alaska wrongful death statute. Its motion was denied.

On the trial evidence was introduced, over Wien’s objection, of the loss suffered by the survivors as a result of Mrs. Simmonds’ death. No evidence was presented as regards damages ensuing to Mrs. Simmonds’ estate. Wien asked an instruction to the effect that the measure of damages was the loss to the decedent’s estate, and the request was denied by the court. Instead, over Wien’s objection, the jury were instructed that the proper measure of damages was the loss to. the survivors. The jury returned a *672 verdict…