Howe v. Howe

There is nothing in the record to indicate that the plaintiff was guilty of any act of personal negligence which caused or contributed to cause the accident in which she was injured. The defendant, nevertheless, argues that she and her husband were engaged in a joint enterprise at the time of the accident, that each had an equal right to the control of the car, and so: “Being guilty of actual participation in the act causing injury, even to [herself], [she] ... is precluded because of [her]... contributory negligence from recovering from ... [her] co-actor.” The soundness of this doctrine,…