Holland v. Boyette

It will be discerned from the allegations of the petition that the plaintiff and the defendant were engaged, on the date of the event in question, in a joint benefit enterprise. They made the contract together and continued the enterprise of working on the income tax returns until time for each of them to go to supper. The going to supper was as much for the benefit of the plaintiff as any part of the work involved. It was equally beneficial to each of them. Our opinion of the liability of the defendant is that it is to be measured by ordinary negligence of the defendant and to be measured by…