Dungan v. Brandenberg

This case was brought by plaintiffs-appellants George and Margaret Dungan, husband and wife, against the Arizona Ice and Cold Storage Company, a corporation, and Philip Brandenberg, an iceman, hereinafter referred to as the “company” and the “driver” respectively. Plaintiffs alleged that the driver was the servant of the company, and that he, while in the scope of his employment, did negligently operate an ice truck and did thereby cause the death of plaintiffs’ four-year old son, Jackie Dungan.

The facts as disclosed by the record show that on September 18, 1947, the driver made one of his…