Young v. Butler

By JUDGE THOMAS R. McNAMARA

In this action the evidence was uncontradicted that the defendant cab driver while transporting the plaintiff, his paid fare, was eating an apple. He began coughing and choking and was asked by the plaintiff if he was "okay," to which he replied affirmatively and continued to drive normally until his choking on the apple caused him suddenly to black out. Thereupon, he lost control of his cab which left the road and struck a building. Plaintiff’s evidence indicated that the driver’s choking and coughing had persisted for some time and continued through his stopping…