Beatrice and Douglas Dashiell v. Keauhou-Kona Company

The district court determined that, under Hawaiian law, the doctrine of imputed negligence would apply in a joint venture having as its sole object the mutual pleasure of the venturers. This court disagrees on the ground that the doctrine is limited to joint ventures for pecuniary profit.

True, there is a line of authority reflected in some cases and texts cited by the majority which supports the view of *963the law adopted by this court, but that view is by no means universally held, nor is the underlying rationale irrefutable. To the contrary, many jurisdictions make no such distinction. They…