Stanward v. Yellow Taxicab Co.

NOURSE, J.

In the above-entitled actions the plaintiffs sought damages for injuries which they suffered when struck by an automobile operated by an employee .of the defendant. The two actions were tried together, under stipulation, before the court sitting without a jury. Two judgments for $6,172.13 and $11,508.13, respectively, were awarded plaintiffs from which the defendant appeals upon a joint bill of exceptions under stipulation of counsel.

[99]

The material facts of each case appear in the findings of the trial court from which we quote: “That on the 31st day of December, 1920, at about ten o’clock P. M., plaintiff, accompanied by his wife, Marie Stanward, attempted to cross Eighth street at the intersection thereof with Union avenue; that plaintiff stopped at the northeast corner of said streets upon the sidewalk and looked to the left, saw an automobile approaching from the east along Eighth street and waited for said automobile to pass. After it had passed he again looked to the left, saw no vehicle approaching and started across the street, proceeding southerly towards the southeast corner of said Union avenue and Eighth street. That in the center of said street he stopped, looked to the right and saw approaching him an automobile, to-wit, táxieab number 97; that he stood still and waited for said taxicab to pass him, which it did, proceeding east along Eighth street south of the center line thereof. That thereupon plaintiff again looked to the right and saw nothing. That the night was then and there dark and foggy. That thereupon plaintiff again started upon his way, together with his wife, across Eighth street southerly towards the southeast corner of said Eighth street and said Union avenue. That at said time and place defendant, by its servant, agent and employee operated, ran and conducted one of its taxicabs, to-wit, taxicab number 98, over and along said Eighth street in an easterly direction, in a careless, negligent, reckless, wrongful and unlawful manner, so that said taxicab at said time and place ran into and upon, struck and collided with plaintiff. That said taxicab number 98 had then and there insufficient headlights; that there were no reflectors to said headlights; that said taxicab number 98 was then and there driven and operated by defendant, by its agent, servant and employee, in a careless manner, without due regard for the safety or convenience of pedestrians upon such highway, and particularly of plaintiff herein. That said taxicab number 98 was then and there operated and driven by defendant, by its agent, servant and employee, in a careless and imprudent manner, and at a rate of speed greater than was reasonable or proper, having regard to the traffic and use of the highway, and at such a rate of speed as to endanger the life and limb of persons on said highway, particularly plaintiff herein. That said taxicab number 98 was operated