Klas v. Yellow Cab Co.

• Decision Date: 27 October 1939
• Docket Number: No. 6950.,6950.
• Citation: 106 F.2d 935
• Parties: KLAS v. YELLOW CAB CO.
• Court: U.S. Court of Appeals — Seventh Circuit

106 F.2d 935 (1939)

KLAS v. YELLOW CAB CO.

No. 6950.

Circuit Court of Appeals, Seventh Circuit.

October 27, 1939.

Edward J. Rothman, of Chicago, Ill. (Seymour Scheffres and Max Chill, both of Chicago, Ill., of counsel), for appellant.

Herbert C. De Young and Charles F. White, both of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff sued to recover damages claimed to have been caused by the negligence of the defendant. The negligence averred is that the defendant carelessly and improperly drove its automobile taxicab; that the taxicab was driven at a high and excessive rate of speed, and that it was carelessly and improperly driven with insufficient lights. The cause was tried to a jury, resulting in a verdict of not guilty, judgment was entered thereon, and plaintiff appeals to this court.

It appears that on December 14, 1936, at about 3 A. M., plaintiff was driving his automobile northwesterly on Clark Street, Chicago, Illinois, approaching Addison Street, at about ten miles per hour. Clark Street, at its intersection with Addison Street, runs in a northwesterly-south-easterly direction. It is approximately 42½ feet wide. Addison Street is 44 feet wide, both measurements being from curb to curb.

It further appears that when plaintiff arrived at a point in the middle of Addison Street he turned left without stopping; that the intersection was well lighted; that he did not see the Yellow cab until it was eight feet from his automobile; and that the automobiles collided in the center of Addison Street.

It is first insisted that the court erred in admitting evidence of the contents of a sign on a post on the southeast corner of Clark and Addison Streets, upon which appeared the words "No left turn," and the point is made that before such testimony could be introduced it must appear that the sign had been erected pursuant to a city ordinance.

We think this contention does not merit any extended discussion. Suffice it to say that it was the plaintiff who offered in evidence a photograph showing the "No left turn" sign and that a witness for plaintiff testified that the sign was on a post at the southeast corner of Clark and Addison Streets.

It is next contended that such evidence could not be received unless and until a foundation was laid that the existence of the sign was known to the plaintiff, and that the taxicab driver knew of its existence and, in reliance thereon, proceeded southeasterly on Clark Street.

The record clearly discloses that plaintiff had travelled this intersection two or three times each week for a period of six months preceding the accident, and that he was familiar with it. Under such circumstances, the question whether or not the plaintiff and the taxicab driver knew of the existence of the sign was a matter for the consideration of the jury, Greenwald v. Baltimore & Ohio R. Co., 332 Ill. 627, 164 N.E. 142, and the question of due care and contributory negligence was one of fact for the jury to decide. Thomas v. Buchanan, 357 Ill. 270, 192 N.E. 215.

We are also met with the contention that the court erred in admitting the testimony of two police officers as to what they had observed in reference to the position of the automobiles after the accident. Counsel argues that before the officers could be permitted to testify as to the...