Arnold v. Toye Bros. Yellow Cab Co.
Arnold v. Toye Bros. Yellow Cab Co.
Opinion of the Court
Plaintiff, Mrs. Drueilla Arnold, the owner and operator of a Ford Automobile, instituted this suit against the defendant, Toye Bros. Yellow Cab Company, endeavoring to recover the sum of $148
Defendant, in conformity with the practice of the First City Court of New Orleans, simultaneously pleaded the exceptions of “no right or cause of action” and answered denying that it was guilty of any negligence in the premises, and asserted that the independent negligence of the passenger was the proximate cause of the accident.
From a judgment in favor of plaintiff, defendant has prosecuted this appeal.
The record reveals that defendant’s taxicab had parked parallel to the left curb of 219 Bourbon Street
Plaintiff contends that the operator of the defendant’s taxicab was negligent in failing to provide a safe place
Defendant, on the other hand, conceded that it was at least imprudent to open the. door of the cab into the heavily trafficked lane of Bourbon Street, but asserts that this negligence was the independent act of the passenger who ignored the admonition of the operator of the cab not to open the door.
Section 28(e) in substance provides:
“Every taxicab * * * shall be operated * * * with due regard for the safety * * * of passengers and * * * for the safety of the general public.”
Section 28(Z) provides that:
“No person shall be permitted in the front compartment with the driver as long as there is available passenger space in the rear compartment.”
The record conclusively establishes the fact that John W. Murphy, the operator of the cab, in parking parallel to the left curb of heavily trafficked Bourbon Street at 11:15 P.M. at night preparatory to discharging two passengers, who occupied the right front seat thereof, in the center traffic lane of this Street, was actively violating both sections of the foregoing ordinance in that he was ignoring the safety of his passengers and the general public and was permitting passengers to occupy the front seat of the taxicab when the rear seats were unoccupied. Murphy, as a reasonable man, could or should have anticipated that his front seat passengers would adopt the most accessible exit from the cab and alight in the street rather than on the sidewalk since the steering mechanism posed a formidable impediment from the cab to the sidewalk. If the operator of the cab had simply observed the beneficent provisions of the foregoing ordinance he would have pursued the simple expedient of parking on the .right side of Bourbon Street in order that the passengers occupying the right front seat could be discharged with safety to themselves and to the general public. Certainly Murphy was or should have been fully cognizant of the hazard to the motoring public which he created when he placed his passengers in the right front seat and parked his cab in a position where those passengers, in order to alight therefrom, would feel compelled to open the door in the very center of heavily trafficked Bourbon Street. The fact that the passenger, who actually opened the door of the cab, may have been concurrently negligent does not absolve the operator of his negligence in parking the cab as he did in view of the manner in which the passengers were seated.
Miss Fournet, plaintiff’s guest passenger, testified that she observed the two passengers in the front seat of the cab immediately after the occurrence of the accident and they were “drunk.” This evidence stands uncontradicted in the record.
Murphy testified that he had picked up the passengers at the My-O-My Club at West End and was discharging them at another nightclub in Bourbon Street when the accident occurred. The operator of the cab certainly must have acquired this same knowledge during the course of such a long intimate trip and, therefore, the duty imposed upon him of properly seating and of carefully discharging his passengers in a place where the door of the vehicle could be opened with safety to the general motoring public was even greater than if he had not possessed this special knowledge of the condition of his passengers.
For the reasons assigned the judgment appealed from is affirmed.
Affirmed.
. The cost of repairing the damages was stipulated by counsel.
. A one way street permitting traffic to move away from Canal Street and in the general direction of Esplanade Avenue.
. Defendant insists that five passengers occupied the cab, three in the rear seat thereof and two in the right front seat. We have found as a fact that only two passengers were occupants of the cab and they were seated on the right side of the front seat. Defendant if it had desired could have established this fact beyond dispute by the simple introduction into evidence of the cab’s “trip sheet” which would have reflected the number of passengers, the place picked up and discharged, and the time thereof. Defendant’s only explanation for its failure to produce this evidence was “I haven’t got it here.”
. A safe place for both the passengers and the general motoring public.
. O.O.S. 16,605, Section 28(e): “Every taxicab, for-hire car or other public passenger motor vehicle shall be operated in accordance with the laws of the State and the ordinances of this City, and with due regard for the safety, comfort and convenience of passengers and for the safe and careful transportation of property and for the safety of the general public.” (1) : “No person shall be permitted in the front compartment with the driver as long as there is available passenger space in the rear compartment.”
. The operator of the cab made this statement during the course of the trial and it was never verified. We were not impressed with his testimony and, therefore, believed that it required verification.
. Todd v. New Amsterdam Casualty Co., La.App.1951, 52 So.2d 880.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.