Moss v. Toye Brothers Yellow Cab Co.

SAMUEL, Judge.

Plaintiff instituted this suit for $175.96, the stipulated amount of damage to his automobile resulting from a collision with one of defendant’s cabs in the intersection of Elysian Fields Avenue and Burgundy Street in New Orleans. Defendant answered denying negligence on the part of its driver and alternatively pleading contributory negligence. There was judgment in the trial court in favor of plaintiff and defendant has appealed.

Defendant no longer contends that there was no negligence on the part of its driver and the only question now before this court is whether plaintiff,…