Ney v. Yellow Cab Co.

This is an action to recover for damages to plaintiff’s automobile. Defendant’s motion to dismiss and for judgment was denied. Defendant stood by the motion, and the court after hearing the evidence of plaintiff entered judgment for plaintiff in the amount of $450. Defendant has appealed.

The motion to dismiss admitted the following facts: Defendant’s employee while in the scope of his employment left a taxicab of defendant unattended with key in the ignition lock and the motor running. The cab was stolen. In making his escape, the thief negligently drove the cab into the plaintiff’s parked…