Taxi Service Co. v. Phillips

Citations

• 187 F. 734
• 109 C.C.A. 482
• 1911 U.S. App. LEXIS 4219

Syllabus

<p>1. Municipal Corporations (§ 706*) — Use oe Streets — Motor Vehicle Accident-Contributory Negligence — Question eor Jury.</p> <p>In an action for injuries to a pedestrian while crossing a street at a crossing by being run into by a taxicab, evidence hold to require submission of the question of plaintiff’s due care to the jury.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Dee. pig. § 706.*]</p> <p>2. Trial (§ 253*) — Instructions.</p> <p>Where, in an action for injuries to a pedestrian at a street crossing by being run into by a taxicab, the court charged that whether iilaintiff was • negligent was for the jury to determine, and that they should not weigh the extent of plaintiff’s fault, but, if he was at fault at all and his fault contributed to the result, he could not recover, defendant was not prejudiced by a further instruction that if plaintiff while on the sidewalk looked up and down the street, and, seing nothing of a dangerous character approaching, walked in the usual quiet manner across the street, looking as he went for what he could see, but looking incidentally and turning his head as he walked along, as a man usually does who goes along in an ordinary walk, then he was not at fault, in that such charge withdrew the issue of plaintiff’s contributory negligence from the jury; it being construed to refer only to the look and listen rule and a charge that such rule was inapplicable, and as explaining that, if plaintiff did the things hypothesized, he would not be at fault as a matter of law.</p> <p>[Ed. Note. — For other eases, see Trial, Cent. Dig. §§ 613-623; Dec. Dig. § 253.*]</p> <p>3. Trial (§ 296*) — Instructions—Curing Error.</p> <p>Where, in an action for injuries to plaintiff by being struck by a taxicab at a street crossing, the court expressly charged that, if plaintiff was guilty of any fault which contributed to the accident he could not recover, such instruction cured an erroneous charge that, if plaintiff in crossing