James Demetrion v. William Edwards and Yellow Cab Company

KERNER, Circuit Judge.

This is an action brought in federal court on the basis of diversity of citizenship to recover damages for injuries suffered by plaintiff while a passenger in a taxicab owned by defendant Yellow Cab Company, and driven by defendant Edwards. The jury rendered a verdict for the plaintiff from which defendants appeal.

The only question before the Court is whether or not the defendant Yellow Cab Company had contracted with the plaintiff as a common or private carrier. If Yellow Cab Company was a common carrier, it owed plaintiff a high degree of care, while if a private…