Brown v. State

OPINION

FITZGERALD, Justice.

This case is before the court on appeal from a final order dismissing a complaint under Alaska R.Civ.P. 41(e). 1 We find under the unusual circumstances of this case that such dismissal was an abuse of discretion. We reverse.

The appellant, Dennis Brown, filed an action December 11, 1968, against the State of Alaska, Carl D. Bartels, Larry Johnson, James Widmeyer and Steven Edward Herd. 2 He claimed that while he was a passenger on the state ferry Matanuska, he was set upon and assaulted by four passengers whom he identified as the personal defendants. Appellant’s…