Werner v. Yellow Cab Co.

The following opinion was filed May 9, 1922:

Owen, J.

The negligence, charged in the complaint, on the part of the defendant’s driver is the high rate of speed and failure to blow the horn. The driver, of the cab testified that he blew the horn as he approached the intersection. The court held that there was no evidence to contradict the testimony of the driver, and that as to this element of negligence no jury question was presented.

*594There was ample evidence to show that the cab was being driven at a very high rate of speed, and consequently the finding of the jury to the effect that the driver…