Carter v. Consolidated Cabs, Inc.

HIGGINS, Commissioner.

Action for damages for personal injuries in which defendants appeal from verdict and judgment for plaintiff for $80,000. (Appeal taken prior to January 1, 1972.)

Appellants contend the court erred in submitting plaintiff’s case under the humanitarian doctrine “because plaintiff failed to prove (1) that defendant McCoy saw or in the exercise of the highest degree of care could have seen plaintiff in a position of imminent and immediate peril of being struck and injured in time thereafter with safety to defendant McCoy and all others and with the means and appliances at…