Virginia Smith v. John Wesley Hood and Diplomat Cab Company, Inc.

LEVENTHAL, Circuit Judge:

This is an appeal from an order granting summary judgment and dismissing a wrongful death action brought by appellant (plaintiff), claiming that defendants’ negligence caused the accident and the death of plaintiff’s late husband. Plaintiff, administratrix of the estate filed this action in her own behalf and in behalf of their children. The deceased died of a cerebral hemorrhage within forty-eight hours after his automobile collided with the taxicab driven by defendant Hood and owned by defendant Diplomat Cab Co. The car was going at a very low speed, and the…