George Gilbertson v. City Fairbanks

NESBETT, Chief Justice. Appellee commenced suit in the United States District Court for the District (Territory) of Alaska in 1956 to recover from appellant the sum of $5,146.25, the balance owed for utility services furnished between September of 1950 and August of 1952. Appellant denied the furnishing of the services, their value, that demands had been made for payment and admitted that no part of the amount claimed had been paid, alleging that no part of the claimed sum was due. Appellant counterclaimed alleging that on or about July 14, 1952, appellant's property, the Pioneer Hotel, was totally destroyed by fire because of appellee's agent's negligent acts in turning off electric power to water pumps being used to fight the blaze. The counterclaims were dismissed. Appellee moved for summary judgment in April of 1959 supporting the motion with the affidavit of Lester L. Glescoe, superintendent of appellee's electric and telephone departments. On May 13, 1959 appellant took the deposition of Ross Simpson, comptroller of appellee's utility system, and on the same date appellee took appellant's deposition. Memoranda were thereafter filed by both sides. Appellee also filed a later affidavit of Glascoe and the affidavit of Ross Simpson containing a summary and supporting detail of all utility charges made by appellee and payments received from appellant between August of 1950 through October of 1952, showing that the balance owed by appellant, before interest, was the sum of $5,146.25. The motion was taken under advisement by the court some time after June 30, 1959, but had not been decided by February 20, 1960, the date on which the Superior Courts of Alaska officially assumed their state jurisdiction. The case was therefore transferred to the Superior Court for the Fourth Judicial District and that court granted the motion for summary judgment on September 30, 1960.