United Transp. Co. v. Jeffries

CourtSupreme Court of Indiana
Citation5 N.E.2d 524,211 Ind. 226
Docket Number26816.
PartiesUNITED TRANSP. CO. et al. v. JEFFRIES et al.
Decision Date13 January 1937

Appeal from Shelby Circuit Court; James A. Emmert, Judge.

Geo A. Henry, Connor D. Ross, and V. Ed Funk, all of Indianapolis, for appellants.

White & Jones and Albert Fishman, all of Indianapolis, for appellees.

ROLL Judge.

Appellee Rebecca Jeffries brought this action against appellant United Transportation Company and the appellee Fred Cook to recover damages for personal injuries alleged to have been sustained by her as a result of an automobile accident.

The complaint is in one paragraph and alleges in substance that appellant United Transportation Company, an Indiana corporation, and appellee Fred Cook owned and operated an automobile, and were on or about August 15, 1931, engaged in running and operating a taxicab for hire in the city of Indianapolis, Ind.

The complaint further alleged: 'That at about 9:30 o'clock p. m., on the 15th day of August, 1931, this plaintiff entered the said taxi cab owned by the defendants which was being run and operated by a driver who was then and there the agent and servant of the defendants herein, and was then and there acting within the line of his duty and the scope of his employment.'

It is further alleged: 'Plaintiff further alleges that at the time herein mentioned, the agent and servant of the defendants was then and there driving the said taxi cab in which this plaintiff was riding, in a southerly direction on said Illinois Street, there was an automobile being driven in a southerly direction and directly in line with and in front of said taxi cab, on said Illinois Street; that the agent and servant of the defendants, who was then and there driving the said taxi cab, carelessly and negligently turned his automobile to the left and drove around and passed the automobile which was being run and operated in front of the said taxi cab, and then turned his taxi cab to the right and immediately in front of the automobile which was being driven southward, as aforesaid; that at the time herein mentioned the agent and servant of the defendants drove said taxi cab in front of the automobile as aforesaid, there was an automobile parked on the west side of said Illinois Street that said automobile was parked as what is commonly called double parked; that said automobile was standing about ten to twelve feet to the east from the west curb line of said Illinois Street; that the agent and servant of the defendants drove said taxi cab at the rate of thirty-five miles per hour, around and in front of the car which was being driven in a southerly direction, on said Illinois Street, as aforesaid; that on account of the excessive speed of said taxi cab as heretofore mentioned and driving in front of the automobile heretofore mentioned and too close to said parked automobile, the driver of said taxi cab was unable to stop the said taxi cab and avoid striking said parked car; that when the agent and servant of the defendants saw the said automobile parked as aforesaid, he, without any warning to the plaintiff, suddenly applied the brakes on said taxi cab, and thereby crashed into the automobile parked on said Illinois Street, as aforesaid; that as a result of the applying the brakes on said taxi cab, suddenly, and the crashing into the automobile parked as aforesaid, plaintiff was thrown with great force and violence forward and against the back part of the front seat in said taxi cab; that plaintiff was thrown against the side of said taxi cab, and to the floor thereof, thereby injuring this plaintiff in the following, to-wit.'

Plaintiff then set out a description of the injuries she received to her right knee and head and alleged injury to her nervous system and asked for damages in the sum of $10,000.

The cause was submitted to a jury and the following verdict was returned: 'We, the jury, find for the plaintiff Rebecca Jeffries and against the defendant United Transportation Company, and we assess plaintiff's damages at the sum of $5,000.00 dollars and we further find for the defendant Fred Cook.'

Judgment was rendered in favor of appellee Rebecca Jeffries and against the United Transportation Company and in favor of appellee Cook in accordance with the verdict.

Appellants' motion for a new trial was overruled, and this appeal followed.

The errors assigned are: (1) That the verdict is not sustained by sufficient evidence; (2) the verdict is contrary to law; (3) damages assessed are excessive; (4) error in giving certain instructions; (5) error in admitting and excluding certain evidence. Other errors are assigned that need not be stated here.

The evidence discloses that appellant corporation was organized under the laws of Indiana, and operated in the city of Indianapolis. That it maintained a central telephone office and also branch telephones erected on telephone poles located in different sections of the city to which it relayed calls for cab service. The place where a telephone was maintained was called a station. That different owners of automobiles would become what might be...

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3 cases
  • United Transp. Co. v. Jeffries, 26816.
    • United States
    • Supreme Court of Indiana
    • January 13, 1937
    ...211 Ind. 2265 N.E.2d 524UNITED TRANSP. CO. et al.v.JEFFRIES et al.No. 26816.Supreme Court of Indiana.Jan. 13, Action by Rebecca Jeffries against the United Transportation Company, Joseph T. Markey, receiver thereof, and Fred Cook. From a judgment for the plaintiff against the United Transpo......
  • Borgman v. State ex rel. Rodenbeck
    • United States
    • Supreme Court of Indiana
    • January 13, 1937
    ...It is his relationship to the transaction that determines his rights. Section 7 of the act provides for the issue of credit warrants [5 N.E.2d 524]‘in the event any payment or payments have heretofore been made within a period of one year prior to the taking effect of this act by any surety......
  • Borgman v. State ex rel. Rodenbeck
    • United States
    • Supreme Court of Indiana
    • January 13, 1937

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