Stewart v. Yellow Cab Co
| Citation | 225 N.C. 654,36 S.E.2d 256 |
| Decision Date | 12 December 1945 |
| Docket Number | No. 527.,527. |
| Parties | STEWART. v. YELLOW CAB CO. |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Mecklenburg County; H. E. Olive, Special Judge.
Action by William T. Stewart against the Yellow Cab Company to recover for personal injuries and property damage sustained by plaintiff in an automobile collision, at street intersection. Verdict and judgment for plaintiff, and defendant appeals.
New trial.
This is an action for personal injuries and property damages allegedly sustained by the plaintiff, in a collision between an automobile owned by him and in which he was a passenger, and one of defendant's cabs, at the intersection of Fifth and Tryon Streets, in Charlotte, N. C, on June 27, 1944. The plaintiff's car was proceeding in a southerly direction on Tryon Street and the cab was proceeding in a westerly direction on Fifth Street, crossing Tryon Street. Tryon Street is approximately 60 feet wide and Fifth Street is approximately 25 feet wide at the intersection. The collision between the two vehicles occurred on the west side of Tryon Street, after the cab had crossed the center of Tryon Street.
The plaintiff alleged the defendant violated an ordinance of the City of Charlotte, by entering the intersection under a red light. The defendant, on the other hand, alleged that plaintiff's car failed to stop before entering the intersection, in violation of the traffic signal light and the ordinance of the City of Charlotte, and the laws of North Carolina applicable thereto, the City of Charlotte having installed traffic signal lights at the intersection of North Tryon and Fifth Streets in said city, and that said lights were in operation at the time of the collision between the cars of the plaintiff and defendant.
The plaintiff offered evidence tending to prove the driver of the cab entered the intersection at an excessive rate of speed, and on a red light, after plaintiffs car had entered the intersection. Likewise, defendant offered evidence tending to prove that plaintiff's car entered the intersection at an excessive rate of speed and on a red light after the cab of the defendant had entered the intersection. The evidence is sharply contradictory as to the speed of the respective cars.
The jury returned a verdict in favor of plaintiff. From the judgment predicated on the verdict, the defendant appealed, assigning error.
Henry L. Strickland, of Charlotte, for plaintiff.
Helms & Mulliss, of Charlotte, for defendant.
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Cox v. Hennis Freight Lines, 240
...... Stewart v. Yellow Cab Co., 225 N.C. 654, 36 S.E.2d 256. It appears, however, that the defendant sets forth this material fact in its answers in complete ......
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Smith v. Buie
...Before legal rights may be predicated thereon, such an ordinance must be alleged and established by proper evidence. Stewart v. Yellow Cab Co., 225 N.C. 654, 36 S.E.2d 256; Cox v. Hennis Freight Lines, 236 N.C. 72, 72 S.E.2d 25. The State statute, G.S. § 20-158(c), relates to such devices w......
- Stewart v. Yellow Cab Co, 528.
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Kennedy v. Smith, 98.
......Yellow Cab Co. v. Sanders, 223 N.C. 626, 27 S.E.2d 631; Stewart v. Yellow Cab Co., 225 N.C. 654, 36 S.E.2d 256; Davis v. Long, 189 N.C. 129, 126 S.E. ......