Plaintiff and his wife were driving from Michigan to Iowa to visit a certain church to which plaintiff, a minister, was considering a call. Defendant desired to visit a college in Illinois, with the intention of enrolling as a student. It was agreed that defendant should ride in plaintiff's automobile to Illinois, where plaintiff was to help defendant gain admission to the college; later defendant was to return with the plaintiff to Michigan. The parties alternated in driving the automobile on the trip. At a certain stage in the journey, defendant negligently operated the automobile and caused it to become involved in an accident in which plaintiff suffered injuries and plaintiff's wife was killed. Plaintiff sued to recover damages. On motion to dismiss, the trial court found that the allegations disclosed a joint enterprise, and that the negligence of the defendant should be imputed to the plaintiff, barring plaintiff from recovery. On appeal, held, reversed. The negligence of a member of a joint enterprise1 is not imputable to his fellow member in an action by the latter against the former. Bostrom v. Jennings, 326 Mich. 146, 40 N.W. (2d) 97 (1949).
Nancy J. Ringland,
NEGLIGENCE-IMPUTED NEGLIGENCE-ACTION BETWEEN JOINT ENTERPRISERS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss7/17