Negligence — Automobiles — Taxicab — Passengers — Scope of duty — Witnesses — Competency — Speed of vehicle — New trial — Instructing jury in absence of counsel.
In this trespass action brought by a passenger in a taxicab against the taxicab company to recover damages for injuries resulting from a collision between the taxicab and another vehicle, in which the jury found a verdict for the defendant upon the ground that the taxicab driver was not negligent; and upon consideration of the plaintiff's motion for new trial the court below ruled that (1) the cab driver had properly been permitted to testify regarding the speed of the other vehicle, (2) plaintiff's complaint concerning the charge with respect to contributory negligence was without merit as was the complaint that the trial judge had not specifically clarified the duty of the cab company to the plaintiff, and (3) a short and accurate additional instruction to the jury in the absence of counsel for the plaintiff was not grounds for granting a new trial; it was Held that the motion for new trial had been properly dismissed and judgment entered on the verdict.
OPINION PER CURIAM, April 18, 1955:
The judgment is affirmed on the opinion of Judge COLUMBUS.