NEGLIGENCE-JOINT ENTERPRISE BETWEEN HUSBAND AND WIFE AS BASIS FOR IMPUTATION OF NEGLIGENCE

H's car, driven by H with W as passenger, collided with D's car as H and W were traveling from their California home to visit relatives in Florida. Both intended to seek employment in Florida and, if successful, to take up residence there. Each had been employed since marriage, their salaries going into a common fund. From this fund the car was purchased and the trip financed.

In suit by W and H against D, held, recovery of W denied. Because there was a joint enterprise between W and H, H's contributory negligence was imputed to W. Caliando v. Huck, (D.C. Fla. 1949) 84 F. Supp. 598.