Nelson v. Haege

Plaintiff was injured through a collision at a street intersection between a truck and a taxicab, in the latter of which plaintiff was a passenger. On the trial of her action for damages against the two claimed joint tort feasors, the learned trial court charged the jury that the truck driver’s obligation was to use ordinary care and that the driver of the cab could be held negligent unless he exercised “ a very high degree of care ” to save plaintiff from injury. This was erroneous. The correct rule as to both drivers was “ care commensurate with all the circumstances.” (Kelly v.…