Checker Cab Co. v. Wagner
| Citation | 199 S.W.2d 791 |
| Decision Date | 05 December 1946 |
| Docket Number | No. 4485.,4485. |
| Parties | CHECKER CAB CO. et al. v. WAGNER. |
| Court | Court of Appeals of Texas |
Appeal from District Court, El Paso County; Ballard Coldwell, Judge.
Suit by Paul C. Wagner against Checker Cab Company and others, for personal injuries and property damage sustained in an automobile collision. Judgment for plaintiff for damage to his automobile, and defendants appeal.
Judgment affirmed.
Andress, Lipscomb & Peticolas, of El Paso, for appellants.
John T. Hill, of El Paso, for appellee.
This was a suit for personal injuries and damage to appellee's automobile as a result of a collision between appellee's automobile, operated by him, and a taxicab operated by an employee of appellants. Trial was to a jury. On answers to special issues submitted the court rendered judgment in favor of appellee against appellants for $694 as damage to appellee's automobile. No recovery was allowed for personal injuries.
The collision occurred at the intersection of East Yandell Boulevard and Noble Street in the city of El Paso, Texas, on February 12, 1946. Yandell Boulevard runs approximately east and west, and Noble Street approximately north and south, and the streets intersect at approximate right angles. At the time of the collision appellee was proceeding west on Yandell Boulevard and the taxicab was proceeding north on Noble Street.
Appellants present two points: That the court erred in overruling their motion for judgment non obstante veredicto because of the finding that the taxicab entered the intersection first and under the provisions of Section 20, Article V, of a traffic ordinance of the city of El Paso had the right of way in the intersection over the automobile operated by appellee, and the driver owed no duty to go to the rear of the automobile, and his failure to do so was not negligence as a matter of law; that the court erred in failing to grant appellants' motion for a new trial because under the ordinance referred to the taxicab had the right of way.
The findings on which appellee relies to sustain the judgment are: The driver of the taxicab attempted to go in front of plaintiff instead of going to the rear and to the right; in so doing he was negligent; such negligence was the proximate cause of the collision; and the difference between the market value of plaintiff's car just before and just after the collision was $694.
To sustain their points appellants rely on findings that the taxicab entered the intersection before the automobile driven by the plaintiff and that the plaintiff failed to yield the right of way to the taxicab.
The ordinance referred to is as follows:
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