Opinion
No. 422.
September 4, 1962.
Intersection collision case. The First City Court of the City of New Orleans, Marion G. Seeber, J., rendered judgment for plaintiff, and an appeal was taken. The Court of Appeal, McBride, J., held that evidence would not sustain taxicab driver's contention that out-of-control automobile struck plaintiff's vehicle before it struck taxicab and held that the evidence established that plaintiff was not guilty of any act of contributory negligence and that his damage resulted solely from joint and concurring negligence of driver of out-of-control vehicle and negligence of taxicab driver in starting forward from his stopped position after observing that vehicle approaching intersection on favored street was out of control.
Affirmed.
Kent Satterlee, Jr., New Orleans, for plaintiff and appellee.
Deutsch, Kerrigan Stiles and Frederick R. Bott, New Orleans, for Toye Bros. Yellow Cab. Co., defendant and appellant.
Jones, Walker, Waechter, Poitevent, Carrere Denegre and Donald L. King, New Orleans, for Travelers Ins. Co., defendant and appellant.
Before McBRIDE, SAMUEL and LANDRY, JJ.
This suit was consolidated with the proceedings entitled: Cheney v. Toye Bros. Yellow Cab Co., 144 So.2d 597. As a result of the collision between Cheney's Buick and the taxicab, the former careened toward the left and crashed into the 1958 Pontiac of Patrick H. Mendez, which was negotiating the intersection, moving in the direction of the lake, and Mendez seeks to recover from Cheney's liability insurer and the cab company, in solido, the amount of $237.64, and said defendants have appealed from the judgment for $216.08 in his favor.
Dean, the cab driver, maintains that the Cheney car struck Mendez' vehicle before it struck the cab. The weight of the evidence convinces us this is not so.
Mendez was not guilty of any act of contributory negligence as defendants contend he was. His damages resulted solely from the joint and concurring negligence of the taxicab driver and Miss Cheney which is set forth in our opinion and decree in the above-mentioned case.
The judgment appealed from is affirmed.
Affirmed.