Capital Cab Co. v. Montgomery Fair

A collision occurred between the appellant’s “yellow cab” and the appellee’s truck. Appellee brought suit for the damage done the truck, alleging negligence on the part of the operator of the cab. The case was tried by the court without a jury. A special finding of facts was demanded in writing and made by the trial judge, and a judgment in favor of the appellee entered thereon.

The record contains a bill of exceptions setting out all the evidence and the finding of facts. An exception was reserved to the finding of facts and the judgment of the court.

In this state of the record three matters…