Burger v. Taxicab Motor Co.

Citations

• 66 Wash. 676
• 120 P. 519
• 1912 Wash. LEXIS 830

Syllabus

<p>Master and Servant — Injury to Third Persons — Scope op Employment — Question for Jury. In an action for the death of a person run down by a taxicab, the fact that the taxicab belonged to the defendant and that the driver was in its employ as one of its regular drivers is sufficient to raise a question for the jury as to whether the driver was acting in the scope of his employment.</p> <p>Same — Scope op Employment — Evidence—Sufficiency. In such a case, the prima facie case that the driver was acting in the line of his employment is not overcome by evidence that he was on the way to his night lunch and that it was contrary to rules of the defendant to take their cars on the way to meals, especially in view of impeaching evidence that it was not contrary to rules and was customary to do so.</p> <p>Witnesses — Impeachinq Own Witness — Surprise. In an action for the death of a person run down by defendant’s taxicab while the driver was on the way to his supper, where the plaintiff called the manager as a witness under the belief that he would testify that drivers were allowed to take their cars while going to their meals, and was surprised by his testimony that it was contrary to rules, it is competent for plaintiff to impeach the witness by the stenographer’s evidence as to his testimony to the contrary given at the inquest.</p> <p>Municipal Corporations — Use of Streets — Collision With Automobile- — Negligence—Evidence—Sufficiency. The negligence of the driver of a taxicab that struck and killed plaintiff’s decedent, is for the jury, where there was evidence that he was driving at a speed of 25 miles an hour and exceeding the speed limit, that no horn or alarm was sounded, that he might have seen the deceased when more than 100 feet distant, but he testified that he did not see him until within twenty-five feet, and that he applied both brakes, stopping the car within twenty-five feet.</p> <p>Same — Contributory Negligence ■ — • Evidence — Sufficiency. Whether a