DICTAPHONE CORPORATION v. Torrealba

TUNKS, Chief Justice.

This is a wrongful death case. It grew out of an automobile-pedestrian collision. J. W. Glenn Smith, Jr., was driving the automobile when it struck and killed Ivar Tor realba. Smith at the time was employed as a salesman for Dictaphone Corporation. Torrealba’s survivors sued Smith and Dictaphone for their damages resulting from Torrealba’s death. It was stipulated that Smith was guilty of negligence which caused the death. The only issues submitted to the jury were an issue as to whether Smith, at the time in question, “was engaged in the service of Dictaphone Corp. and…