Callahan v. Bergman

Merrell, J. (dissenting).

I dissent from a majority of the court and vote to reverse the judgment appealed from and for a new trial.

There was no competent evidence at the trial showing that the taxicab automobile that struck the plaintiff wife was owned by the defendant. While the defendant did not, in his answer, deny the allegation of the complaint that he was the owner of the taxicab automobile bearing registration license “ No. 021-470, N-, Y, 1931,” *117neither the plaintiff wife, who was struck, nor the plaintiff husband was able to identify the taxicab which struck the plaintiff wife as…