Bindert v. Elmhurst Taxi Corp.

The issues herein have been duly submitted upon an agreed state of facts and present a novel question of law.

Defendant is a corporation engaged in the business of operating taxicabs for hire. On the 26th day of April, 1937, one of defendant’s cabs, operated by one Whelan, was hailed by another cab driver, Cohen, who stated that his (Cohen’s) cab had been stolen, and, jumping in, directed Whelan to pursue Cohen’s cab, which was still in sight. It is conceded that Cohen had no intention to become a fare-paying passenger and also that Whelan did not pull down the meter-flag to register a fare.

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