Mahan

This is an action to recover for the death of Erick G. Nelson, who was a passenger in the airplane belonging to the appellant which crashed near Livengood, Alaska, September 20, 1933. This accident is the same one involved in Smith v. Pacific Alaska Airways, Inc. (C.C.A.) 89 F.(2d) 253 .

*894 In this action the administrator of the estate of the deceased passenger recovered judgment for $10,000. The appellant relies upon two specifications of error. The first is an alleged error of the trial court in overruling appelJant’s objection to testimony tending to show the value of certain mining property owned by decedent at the time of his death. This specification, and the assignment of error on which it is based, are insufficient in that they do not state the evidence which was received over appellant’s objection either in hsec verba or in substance and effect.

The second specification is that the court erred in charging the jury that if they believed there was a physical failure upon the part of the pilot that caused the airplane to crash to the ground, the verdict must be for the plaintiff, as the defendant would be responsible for such physical failure.

The exception reserved to…