Gilbert v. Yellow Cab Co.

WOOD (Fred B.), J.

In this action for personal injuries sustained by plaintiff when hit by a taxicab owned by defendant Yellow Cab Company, a corporation, and operated by defendant Richard E. Byers, verdict and judgment were for plaintiff in the sum of $5,000. Defendants were granted a new trial ‘1 on the ground of the insufficiency of the evidence to sustain the verdict,” with directions that the new trial be had “on all of the issues in the action.”

Plaintiff has appealed. He predicates prejudicial error upon asserted lack of evidence sufficient to support a judgment for the defendants and…