Herbert v. White Top Cabs
| Decision Date | 11 May 1942 |
| Docket Number | 17683. |
| Citation | 8 So.2d 158 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | HEBERT v. WHITE TOP CABS, INC. (TWO CASES). |
Benjamin Washastrom, of New Orleans, for plaintiffs and appellants.
Robert S. Link, Jr., of New Orleans, for defendants and appellees.
Velma Mary Hebert, wife of Russell Hebert, sues White Top Cabs, Inc. and Independent Cab Operators Association for damages alleging that she had been a passenger for hire in a cab of the first named defendant, and that after she had alighted from the said cab, one of the other passengers, who had also alighted, partially closed the front door and that as plaintiff's "fingers extended over that upper portion of the cab which is covered by the upper part of the right front door when closed * * * the driver of the cab suddenly leaned sidewards in the front seat and violently, negligently and without warning, and with great force slammed and closed the front right door of the cab catching the fingers of petitioner's right hand." She alleges that she suffered great mental anguish and physical shock and sustained permanent disfigurement of the little finger of her right hand, and she also alleges that the second named defendant, Independent Cab Operators Association, is liable solidarily with White Top Cabs, Inc. "* * * as surety and depositary of certain bonds and/or liability insurance and/or for deposits of security on account of the White Top Cabs, Inc., as provided for under Ordinance No. 13,825 Commission Counsel for the City of New Orleans which Ordinance is especially plead herein in extenso and made part hereof."
Defendants admit that petitioner had been a passenger in the cab of the White Top Cab Co., Inc., as alleged, and they also admit that amicable demand was made but they deny categorically all of the other allegations of the petition and particularly allege that just after plaintiff had alighted from the rear of the cab and had placed her hand on the frame of the front door, another passenger, who had accompanied her and the others and who had stepped out of the front of the cab, slammed the front door and caught plaintiff's fingers between the door and the frame. Defendants also aver that petitioner was "negligent in not paying attention to what she was doing and negligently left her hand in a place where it had no right to be."
Consolidated with this case is another case filed by Mr. Russell Hebert in which he, as...
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Deason v. Greyhound Corp., 4648
...Ry. and Navigation Company, 134 La. 793, 64 So. 716; Clerc v. Morgan's Louisiana and P.R. Co., 107 La. 370, 31 So. 886; Hebert v. White Top Cabs, La.App., 8 So.2d 158; Peters v. City of Monroe, La.App., 91 So.2d 428; Jakubec v. Southern Bus Lines, La.App., 31 So.2d 282; Nee v. New Orleans P......
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Bolton v. North River Ins. Co.
...that the above allegations convict the plaintiff of contributory negligence. The defendant relies upon the case of Hebert v. White Top Cabs, Inc., La.App., 8 So.2d 158, and the case of Albrecht v. Gaethe, La.App., 97 So.2d 88. These cases involved a holding, after trial and consideration of......
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Baudin v. Stonewall Ins. Co.
... ... Gaethe, La.App., 97 So.2d 188 (cert. den.), and Hebert v ... White Top Cabs, Inc., La.App., 8 So.2d 158, all decided by this Court ... Cited on ... ...
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Rooker v. Checker Cab Co. of New Orleans, Inc.
...the door is closed by another, said person's negligence in so placing his hand is the proximate cause of the accident. Hebert v. White Top Cabs, Inc., 8 So.2d 158, (Orleans Ct.App.); Albrecht v. Gaethe et al., 97 So.2d 88, (Orleans Ct.App.); Sizeler v. Southwestern Fire & Casualty Co., 105 ......