Bowley v. Duca

The defendant claims that the plaintiff and her husband were engaged in a joint enterprise in operating his automobile. The situation is the same as that presented in Collins v. Hustis, 79 N. H. 446. In that case the occupants of the car were an engaged couple, who were riding for pleasure. Miss Collins was treated as O’Brien’s passenger, and while no claim was made that his negligence was imputable to her, the decision that there could be a recovery for her death, but not for his, rests upon the assumption that his negligence was not to be imputed to her. Although the case is not to be…