Sun Cab Co. v. Faulkner

• Decision Date: 30 November 1932
• Docket Number: 18.
• Citation: 163 A. 194,163 Md. 477
• Parties: SUN CAB CO. v. FAULKNER.
• Court: Maryland Court of Appeals

163 A. 194

163 Md. 477

SUN CAB CO. v. FAULKNER.

No. 18.

Court of Appeals of Maryland

November 30, 1932

Appeal from Baltimore City Court; Eli Frank, Judge.

Action by Frederick Faulkner against the Sun Cab Company and another. From an adverse judgment, the Sun Cab Company appeals.

Judgment reversed.

Argued before BOND, C.J., and URNER, ADKINS, OFFUTT, DIGGES, and SLOAN, JJ.

Samuel J. Aaron, of Baltimore (Howard L. Aaron and G. Dudley Iverson, 4th, both of Baltimore, on the brief), for appellant.

Samuel Greenfeld, of Baltimore (William Greenfeld, of Baltimore on the brief), for appellee.

BOND C.J.

The case arises out of a collision at a street crossing between two taxicabs, in one of which the plaintiff was a passenger. This cab carrying the plaintiff had the right of way, but the other, carrying an injured man hurriedly to a hospital, was driving across the right of way at the direction of a police officer who had placed the injured man in the cab and was riding with him. There was testimony tending to prove that the cab carrying the plaintiff was being driven at an unlawfully high rate of speed; and the principal question is whether that high speed, if proved, could be held to have been a proximate, concurring cause of the collision.

The crossing was that of Fayette and Greene streets in Baltimore city, and the cab of the Sun Company was carrying the plaintiff eastwardly on Fayette street. There were light signals for traffic at the crossing, and witnesses on both sides agree that the Sun Cab had a green light before it giving it the right of way. There was testimony that this cab was driven at a speed of from 35 to 40 miles an hour, that it was slowed down somewhat as crossings were approached, and that its speed was then increased for the crossings. Meanwhile a Yellow cab, with the injured man and the officer was coming southwardly on Greene street, disregarding any red lights before it at crossings. On coming up to the red light at Fayette street, the driver hesitated, but was told by the officer to drive through again. The driver estimated the rate of speed of the Yellow cab at the crossing at about 20 miles an hour. The two drivers came within sight of each other across the corner of the abutting buildings, at a distance apart of about 30 feet. Both swerved, but as the plaintiff and one of his witnesses testified, they came together immediately, or about as soon as they came within sight of each other. The plaintiff was injured, and sued the employers of both drivers, and the jury sworn for the trial found a verdict in favor of the Yellow Cab Company, but against the Sun Cab Company. The present appeal by the Sun Company is from the judgment on that verdict.

The case is unlike those in which, there being no signals, by lights or by...