Fitzgerald v. Gore

The plaintiff below was a passenger in a car of the defendant, Yellow Cab, Incorporated, which came into collision with a car of the defendants Gore and Cook, and plaintiff being injured brought suit against all three defendants.

The trial of the issue resulted in a nonsuit in favor of the Yellow Cab, Incorporated, and a verdict in favor of plaintiff and against the other defendants for $800.

We are asked to reverse this judgment upon two grounds.

Eirst, because it was error to nonsuit in favor of the defendant, Yelow Cab, Incorporated.

This does not present a ground of error for reversal. Newman…