Bennett

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 Fairbanks, Alaska; that the agent Boyer should have known or reasonably have foreseen that the vehicle might be removed without consent or authority; that the vehicle was stolen by a soldier who drove it so negligently that it collided with an automobile in which plaintiff was driving; that in consequence of such collision plaintiff Richard E. Bennett received personal injuries, and his wife, Evelyn E. Bennett, received injuries from which she died.

The court below sustained motions to dismiss both complaints for failure to state a claim, and entered judgment dismissing the actions. Upon this appeal the sole question is whether the plaintiff had set forth a claim upon which he was entitled to go…