Smith v. Morico

Deen, Presiding Judge.

Appellant Geneva Smith received injuries to her back and neck of the kind known as “whiplash” when the taxicab in which she was a passenger was struck from the rear by an automobile owned and driven by appellee Morico. She brought an action against the driver of the cab, the owner of the cab company, and appellee Morico, alleging negligence on the part of the two drivers and vicarious negligence on the part of the owner.

At the close of plaintiffs evidence appellee moved for a directed verdict in his favor, on the ground that no evidence of actionable negligence on his…