Richard E. Bennett, Administrator of the Estate of Evelyn E. Bennett, Deceased v. Arctic Insulation, Inc., and Delbert E. Boyer, Agent, Acting Within the Scope of His Employment, Richard E. Bennett v. Arctic Insulation, Inc., and Delbert E. Boyer

253 F.2d 652 17 Alaska 537 Richard E. BENNETT, Administrator of the Estate of Evelyn E. Bennett, Deceased, Appellant, v. ARCTIC INSULATION, Inc., and Delbert E. Boyer, Agent, Acting Within the Scope of His Employment, Appellees. Richard E. BENNETT, Appellant, v. ARCTIC INSULATION, Inc., and Delbert E. Boyer, Appellees. Nos. 15374, 15464. United States Court of Appeals Ninth Circuit. March 26, 1958. Robert A. Parrish, Fairbanks, Alaska, for appellant. Collins & Clasby, Mary Alice Miller, Charles J. Clasby, Fairbanks, Alaska, Bronson, Bronson & McKinnon, Kirke LaShelle, Charles Legge, San Francisco, Cal., for appellees. Before HEALY, POPE and HAMLEY, Circuit Judges. POPE, Circuit Judge. 1 These two actions, one for personal injuries, and the other for wrongful death, arose out of the same automobile accident. The complaints in both actions contain substantially identical allegations: that defendant Arctic Insulation was the owner of a motor vehicle which had been entrusted to its agent Boyer, the other defendant; that the latter negligently and carelessly left the vehicle unattended, unlocked, and with the keys therein, in an area where several night clubs were located at…