Swanson v. Sewall

This is an action for damages on account of personal injuries sustained by both the plaintiffs in an automobile collision. They were passengers in a car owned and driven by Lloyd Lipscomb, when it collided with a taxicab owned by defendant Diamond Cab Company and driven by defendant Frank Sewall. The defendants answered, setting up by way of affirmative defense contributory negligence and imputed negligence — alleging that, at the time of the collision, plain tiffs and Lipscomb were engaged in a joint venture.

The court submitted to the jury the issue of joint venture, charging them that, if…