Oppenheim v. Toye Bros. Yellow Cab Co.

PONDER, Justice.

This case comes to us on review from the Court of Appeal for the Parish of Orleans.

The plaintiff, Gertrude Optpenhejm, brought this suit against the defendants, Louis H. Edyburn and the Toye Brothers Yellow Cab Company, seeking to recover damages for an injury she received in an automobile collision between the defendant Edyburn’s car, which was being driven by the defendant Edyburn, and a taxicab owned by the Toye Brothers Yellow Cab Company in which the plaintiff was riding as a passenger.

Thé plaintiff failed to obtain citation of the defendant Edyburn and elected to…