Phillips v. Yellow Cab Co.

ON REHEARING.

In the motion for rehearing herein, defendant, Yellow Cab Company, says:

"But he (plaintiff) wholly failed to prove that this excess above the lawful speed was the thing that scared him, and caused him to jump into the Sizemore car. He expressly and in so many words admitted that the speed of the cab made no impression upon his mind at all (R. 59.) How in the name of reason could the excessive speed of the cab have `created apprehension' in his mind when concededly it `made no impression whatever upon his mind?'"

The deduction that plaintiff expressly admitted the speed of the cab…