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Ney v. Yellow Cab Co.

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eBook details

  • Title: Ney v. Yellow Cab Co.
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

The First District Appellate Court has granted this appeal on the ground of importance. The precise question here presented
has never been passed upon by this court and there appears to be a conflict of opinion in the Appellate courts of this State. The Appellate Court here affirmed the trial court's judgment fixing liability on the defendant for violation of a section
of the Uniform Traffic Act. The plaintiff charged that defendant, by its servant, negligently permitted its taxicab to remain
unattended on a Chicago street without first stopping the engine or locking the ignition or removing the key, contrary to
a section of said act. The undisputed facts reveal that a thief stole the taxicab and while in flight ran into plaintiff's
vehicle causing property damage. Defendant's motion to dismiss the complaint was based on the theory that the acts or omissions
of the defendant did not constitute actionable negligence, nor the proximate cause of the damage. Briefly stated, plaintiff
contended that the defendant's violation of the statute was negligence and the proximate cause of the damage.


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