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DIAS v. KAMALANI

NO. 2849.

39 Haw. 474 (1952)

RICHARD L. DIAS v. CLARA KAMALANI.

Supreme Court of Hawaii.

Decided July 16, 1952.

Attorney(s) appearing for the Case

H.W. Conroy (M.B. Henshaw with him on the briefs) for plaintiff in error.

A.K. Trask (also on the brief) for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY LE BARON, J.

This is an action in tort brought by the plaintiff against the defendant for damages suffered by the plaintiff in a collision between his automobile and the automobile of the defendant while it was being negligently driven by a third party in the absence of the defendant. The theory of the amended complaint on which any liability of the defendant depends is predicated on the doctrine of common or joint enterprise whereby the negligence...

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