Stewart v. Yellow Cab Co.

Tbis was an action to recover damages for negligent injury to the person and property of plaintiff incurred in a collision between the Company’s cab and plaintiff’s automobile witbin tbe intersection of North Tryon and Fifth Streets, in the City of Charlotte.

The trial resulted in an adverse verdict and judgment from which the defendant appealed. The determinative questions on this review involve the propriety of the order overruling defendant’s demurrer to the evidence and the soundness of the instruction to the jury on the issue of contributory negligence set out below.

It appears that at the…