A & a Cab Operating Co. v. Jackson

Supreme Court of Oklahoma

A & a Cab Operating Co. v. Jackson

1944 OK 237, 150 P.2d 72, 194 Okla. 271, 1944 Okla. LEXIS 440

CourtSupreme Court of Oklahoma

DecidedJune 13, 1944

DocketNo. 31477.

StatusPublished

This text of 1944 OK 237 (A & a Cab Operating Co. v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A & a Cab Operating Co. v. Jackson, 1944 OK 237, 150 P.2d 72, 194 Okla. 271, 1944 Okla. LEXIS 440 (Okla. 1944).

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Opinion

HURST, J.

The plaintiff, Effie Mae Jackson, sued to recover damages for personal injuries sustained by her while she was riding as a passenger for hire in a taxicab owned by the defendant, A & A Cab Operating Company, and operated by defendant Summers, in a collision at a street intersection in Oklahoma City between the taxicab and a truck. The jury returned a verdict for the plaintiff for $750, and from a judgment thereon the defendants have appealed. They argue that the judgment is not sustained by sufficient evidence, and that the verdict is excessive. No au *272 thorities are cited in support of either contention.

There is testimony from which the jury could reasonably find that the defendants were negligent in driving at an excessive rate of speed and in not yielding the right of way to the operator of the truck, which entered the intersection first. The record discloses that the plaintiff was confined to her bed for about six weeks as the result of the accident, that she was unable to do much work for a year, and that she suffered considerable pain, all as the result of the accident. Prior to the accident she had been earning about $7 a week doing housework. We have examined the record and are of the opinion that there is no merit in either of the contentions of the defendant.

Affirmed.

CORN, C. J., GIBSON, V.C.J., and OSBORN and BAYLESS, JJ., concur.

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HURST, J.

The plaintiff, Effie Mae Jackson, sued to recover damages for personal injuries sustained by her while she was riding as a passenger for hire in a taxicab owned by the defendant, A & A Cab Operating Company, and operated by defendant Summers, in a collision at a street intersection in Oklahoma City between the taxicab and a truck. The jury returned a verdict for the plaintiff for $750, and from a judgment thereon the defendants have appealed. They argue that the judgment is not sustained by sufficient evidence, and that the verdict is excessive. No au *272 thorities are cited in support of either contention.

There is testimony from which the jury could reasonably find that the defendants were negligent in driving at an excessive rate of speed and in not yielding the right of way to the operator of the truck, which entered the intersection first. The record discloses that the plaintiff was confined to her bed for about six weeks as the result of the accident, that she was unable to do much work for a year, and that she suffered considerable pain, all as the result of the accident. Prior to the accident she had been earning about $7 a week doing housework. We have examined the record and are of the opinion that there is no merit in either of the contentions of the defendant.

Affirmed.

CORN, C. J., GIBSON, V.C.J., and OSBORN and BAYLESS, JJ., concur.

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Bluebook (online)

1944 OK 237, 150 P.2d 72, 194 Okla. 271, 1944 Okla. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-a-cab-operating-co-v-jackson-okla-1944.