Donnelly v. Philadelphia & Reading Railway Co.

Citations

• 53 Pa. Super. 78
• 1913 Pa. Super. LEXIS 135

Syllabus

<p>Automobiles — Taxicabs—Common carriers — Definition of taxicab.</p> <p>1. Taxicabs are now so generally in use that they are included in the class of common carriers. The name is a coined one to describe a conveyance similar to a haeknejr carriage, operated by electric or steam power, and held for public hire at designated places subject to municipal control.</p> <p>Negligence — Automobiles—Taxicabs—Passengers—Liability for conduct of chauffeur.</p> <p>2. A person who hires a taxicab and gives the driver directions as to the place to which he wishes to be conveyed, but exercises no other control over the conduct of the driver, is not responsible for his acts or negligence.</p> <p>Negligence — Railroads—Automobiles—-Taxicabs—Case for jury.</p> <p>3. In an action against a railroad company to recover damages for personal injury sustained by a collision at a grade crossing between a train and a hired taxicab in which the plaintiffs were riding, the case is for the jury, where the evidence shows that the plaintiffs hired the vehicle at a public stand; that it was driven by the chauffeur; that the night was very dark and rainy; that the plaintiffs after giving directions to the chauffeur as to their destination entered the taxicab and had no further conversation with the chauffeur; that at the time of the accident the plaintiffs were unaware that the cab was crossing or approaching a railroad; that the chauffeur did not stop before going upon the tracks; and that the train approached the crossing when the safety gates were up, at a high rate of speed and without any signal.</p>