Spradley v. Houser

Bussey, Justice.

This is an action to recover damages for personal injuries sustained by the plaintiff in a head-on collision between an automobile operated by the defendants and an automobile operated by one Dowd, in which plaintiff was riding. On the trial of the case, which resulted in a jury verdict for the defendants, the trial judge, over the objection of plaintiff, submitted to the jury the issue of whether any negligence on the part of Dowd was imputable to the plaintiff on the theory that Dowd and plaintiff were engaged at the time in a joint and common enterprise. The plaintiff…