Nos. 112, 113.

375 P.2d 201 (1962)

CITY OF FAIRBANKS, a municipal corporation, Appellant, v. Arthur J. SCHAIBLE, Executor of the Estate of Druska C. Schaible, and The Lathrop Company, Appellees. The LATHROP COMPANY and The City of Fairbanks, Appellants, v. Arthur J. SCHAIBLE, Executor of the Estate of Druska C. Schaible, Deceased, Appellee.

Supreme Court of Alaska.

Rehearing Denied October 22, 1962.

Attorney(s) appearing for the Case

Charles J. Clasby and Mary Alice Miller, of Collins & Clasby, Fairbanks, for City of Fairbanks.

Robert Boochever, Faulkner, Banfield, Boochever & Doogan, Juneau, William V. Boggess, Fairbanks, for Lathrop Co.

Robert A. Parrish, Fairbanks, for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

Druska Schaible died of asphyxia on November 23, 1957, during a fire in the Lathrop building where she and her husband had an apartment. As her executor her husband brought a wrongful death action under an Alaska statute1 against the Lathrop Company and the City of Fairbanks. In a case tried by the court judgment in the sum of $50,000 was entered for the executor jointly and severally...


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