employment; although the defendant by a writ of scire facias brings in the servant-husband as an additional defendant on the ground that the husband is liable over to the original defendant or employer on the cause of action of the wife-plaintiff.
In the case of Fisher v. Diehl, 156 Pa. Super. 476, 40 A.2d 912, an action for trespass was brought by a husband and wife against the owner of a truck to recover damages alleged to have been suffered by them, respectively, as a result of a collision involving the automobile of the husband-plaintiff and driven by him, in which the wife of the plaintiff was a guest passenger. The accident occurred when the plaintiff-husband drove his automobile into the parked vehicle of the defendant. The original defendantthe court was not equivalent to permit an action by the wife against her husband since her husband is not a party defendant to the action as far as she is concerned. The judgment is not enforceable by her nor does it enure to her benefit. It is simply a judgment enuring to the benefit of the original defendant if he pays or is required to pay the wife's judgment; and it then requires the husband to pay to the original defendant only one-half of the damages paid by the latter as a result of the joint negligence of both. The joining of the husband of the wife-plaintiff as an additional defendant was in the interest of right and justice, and that to have refused to have done