Louisiana Court of Appeal, 1962

Mendez v. Toye Bros. Yellow Cab Co.

Mendez v. Toye Bros. Yellow Cab Co.
Louisiana Court of Appeal · Decided September 4, 1962 · Landry, McBride, Samuel
144 So. 2d 599; 1962 La. App. LEXIS 2303 (Southern Reporter, Second Series)

Mendez v. Toye Bros. Yellow Cab Co.

Opinion of the Court

McBRIDE, Judge.

This suit was consolidated with the proceedings entitled: Cheney v. Toye Bros. Yellow Cab Co., 144 So.2d 597. As a result of the collision between Cheney’s Buick and the taxicab, the former careened toward the left and crashed into the 1958 Pontiac of Patrick PI. Mendez, which was negotiating the intersection, moving in the direction of the lake, and Mendez seeks to recover from Cheney’s liability insurer and the cab company, in solido, the amount of $237.64, and said defendants have appealed from the judgment for $216.08 in his favor.

Dean, the cab driver, maintains that the Cheney car struck Mendez’ vehicle before it struck the cab. The weight of the evidence convinces us this is not so.

*600Mendez was not guilty of any act of contributory negligence as defendants contend he was. His damages resulted solely from the joint and concurring negligence of the taxicab driver and Miss Cheney which is set forth in our opinion and decree in the above-mentioned case.

The judgment appealed from is affirmed.

Affirmed

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