Louisville Taxicab & Transfer Co. v. Johnson

Yan Sant, Commissioner

Affirming.

The action was instituted by appellee to recover of appellant for permanent injuries and loss of time sustained as a result of being struck by a taxicab allegedly owned and being operated by appellant. The original petition' averred specific acts of negligence, and the issue was joined thereon. However, on- the first trial the court instructed the jury as if appellee had alleged and relied on a general allegation of negligence. Per ceiving- this to have been error, the Trial Court sustained appellant’s motion for a new trial; whereupon appellee filed an amended…