NORTHERN LIGHTS MOTEL, INC. v. SWEANEY

No. 2476.

563 P.2d 256 (1977)

NORTHERN LIGHTS MOTEL, INC., Appellant, v. Avonna SWEANEY, as personal representative of Kenneth G. Stumbaugh, Deceased, Appellee.

Supreme Court of Alaska.

May 6, 1977.


Attorney(s) appearing for the Case

Peter A. Galbraith and Murphy L. Clark, Anchorage, for appellant.

Joseph L. Young and W. Michael Moody, Atkinson, Conway, Young, Bell & Gagnon, Inc., Anchorage, for appellee.

Before BOOCHEVER, C.J., and RABINOWITZ, CONNOR and BURKE, JJ.


OPINION ON REHEARING

CONNOR, Justice.

Appellant Northern Lights Motel, Inc. has filed a petition for rehearing which asserts that our opinion usurps the province of the jury by making a factual determination which was not presented to the jury for its determination.

Appellant apparently misconceives the nature of our holding in respect to the imputation of knowledge to Edna Cox. The question presented on appeal was whether the trial court's instruction...

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