Carraher v. Brown & White Cab, Inc.
Carraher v. Brown & White Cab, Inc.
Opinion of the Court
The plaintiff Carraher was the owner and operator of an automobile, which he was driving in a northerly direction along Bergen street, in the city of Newark. The plaintiff Ulrich was riding with him as his guest. The proofs sub
The first contention is that the verdict of $10,000 for Carraher is excessive. We consider this contention well founded. Our examination of the evidence leads us to the conclusion that his injuries were nothing like as serious as he claimed and as the jury evidently found.
The next contention is that the court erroneously refused to charge the jury with relation to the possible mistakes of physicians because the opinions of such experts were generally nothing more than guesses. This request did not embody any principle of law, and, therefore, was properly refused.
Next, it is argued that Carraher was guilty of contributory negligence. We find no evidence in the case to justify this contention. The defendant company called no witnesses to show how the accident occurred, hot even the driver of its taxicab. Nor was there any explanation of its failure to do so. The evidence on the part of Carraher and Ulrich, in our opinion, justified the jury in finding that the collision was not the result of any negligence on the part of the former.
Next, it is contended that the verdict in favor of Ulrich is excessive. Our examination of the case leads us to the opposite conclusion.
Lastly, it is argued that the verdicts finding the defendant’s driver guilty of negligence producing the accident are against the weight of the evidence. Our consideration of the proofs leads us to the conclusion that this contention is without merit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.