Yellow Cab Co. v. Underwood

CODY, Justice.

Appellee sued appellant for damages in the sum of some $40,000, alleged to have been sustained by him when a passenger in one of appellant’s taxicabs which collided with an ice truck at the intersection of Caroline Street and Polk Avenue in Houston, on March 7, 1937. The ice truck was driven by John Mellar.

The details of appellee’s pleadings are not relevant on this appeal. In addition to suing appellant, Yellow Cab Company, appel-lee also sued John Mellar, who was driving the ice truck with which the taxicab collided : he also sued one John A. Darby, doing business upder the…