Roberts v. Yellow Cab Co.

MARDEN, Justice.

On appeal from the direction of a defendant’s verdict at the close of plaintiff’s case, which was premised, except in minor degree, upon plaintiff’s testimony.

A finding of the following facts is justified. Plaintiff, a woman 72 years of age, but gainfully employed, on the early morning of February 10, 1966 telephoned the office of the defendant company, which she had called “ever since 1942,” for trans- portatioii at 6:00 a. m. A taxi cab driven by defendant Fantasia, who had responded to plaintiffs call on several previous occasions, arrived a few minutes after the appointed…