Bishop

Ketchikan Lumber & Shingle Co. v. Bishop

Good Law
24 F.2d 63·5 Alaska Fed. 405·1928 A.M.C. 1553·1928 U.S. App. LEXIS 1958
United States Court of Appeals for the Ninth CircuitJanuary 23, 1928No. 5199California835 words

Opinion

Lead Opinion

Gilbert, J.

The son of the defendants in'error came to his death as the result of an accident arising out of and in the course of his employment while in the service of the plaintiff in error. For the loss of his support the defendants in error, as plaintiffs in the court bélow, recovered each a judgment against the plaintiff in error for the sum of $1,560, under the provisions of the Workmen’s Compensation Act of Alaska (Session Laws 1923, c. 98) which provides: “(5) Where such deceased employee was survived by his or her father and mother, both dependent upon him or her for support at the time of his or her death, such father and mother, dependent upon him or her for support, shall be paid the sum of one thousand five hundred sixty dollars ($1,560.00) each.” Section 1. The defendant, in its answer to the complaint, denied that at the time of the death of the employee his father or mother were dependent upon him for support, and for a further defense alleged that the injury which caused his death occurred on navigable waters of the Pacific Ocean.

Error is assigned to the denial of a request to instruct the jury that, unless the evidence showed that the plaintiffs were at the time of the…

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