Gentilala v. Fay Taxicabs, Inc.

Finch, J.:

This is an action for damages for personal injuries, brought on behalf of an infant who was struck by a taxicab owned by the defendant.

The issues of fact arising have been submitted to a jury, and no sufficient reason is presented for disturbing their verdict thereon. There is, however, presented as an additional ground of appeal a question of law which requires the reversal of the judgment.

The facts, in so far as necessary to determine this question of law, are, briefly, as follows: The defendant in its answer by way of defense alleged that there was another action pending between…