Kelley v. Yellow Cab Corp.

In this action of tort, the plaintiff sought to recover for personal injuries which she sustained while riding as a paying passenger in a taxi cab. In her declaration she alleged that her injuries were sustained by reason of the “negligent maintenance, control and use of said taxi cab, to wit: that the visor attached to said cab fell down and struck the plaintiff. ...” The defendant answered by way of general denial and a plea of contributory negligence.

At the conclusion of the trial the court denied the defendant’s request for a ruling that “a finding for the defendant is required as a…