Cab Company FairbanksTaxi company Fairbanks
How does Arctic Taxi differ from other similar companies? Provide quick and effective services in times when your focus is on your work. Locking a passenger out of the own automobile - a much more frequent than expected situation - can help the company unlock the truck or transport the drivers and everyone to their destinations.
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Claimant, v. Marcia Rosenbaum, now Marcia Rubel, respondent
for the claimant William E. Fairbanks, John J. Kennelly, Chicago, Illinois, of Counsel." for the defendants Marcia Rosenbaum, Horace W. Jordan, Chicago, Illinois, Of Counsel. Mr. Philip W. Tone, Mr. Julius Jesmer, Mr. Donald R. Harris, Chicago, Illinois, for the Respondent - Complainants Yellow Cab Co., Raymond, Mayer, Jenner & Block and Mr. Jesmer & Harris, Chicago, Illinois, as attorneys.
This variety of bodily injuries lawsuits were brought without a panel of judges and resulted in a declaratory judgement and award of $30,000 for plaintiffs against Yellow Cab Company in No. 14669; and in No. 14670 declaratory judgement and award against plaintiffs and for defendants Marcia Rosenbaum, now Marcia Rubel. Yellow Cab Company has filed an appeal in No. 14669, and the claimant has filed an appeal in No. 14670.
The plaintiff was wounded during a flight in a Yellow Cab when he crashed into the Rosenbaum automobile at Stetson Court near Randolph Street in Chicago on May 6, 1957, a clear, arid one. The taxi as well as the vehicle drove on Stetson Court to the southern side, the taxi in the track closest to the western edge and the Rosenbaum-Auto in the next track.
Cab turned counterclockwise to bypass a cab that had halted in front of him and the crash happened. Landgericht found that the taxi cab owner turned suddenly to the right without prior notice and that this reckless behaviour was the only direct cause of the crash and violation. Marcia Rosenbaum turned out to be innocent of the incident.
Mr. Yellow Cab claims that the plaintiff's "court admission" will require a reverse of the plaintiff's verdict; that his submitted proofs support two contradictory inferences about the cause of the conflict and thus maintain his weight on both; and that the actual results under F.R.Civ. are not sufficiently specific. The applicant submits that the Landgericht made an error by not legally establishing that the respondent had acted negligently or, as an alternative, that the determination of the disclaimer was clearly wrong.
The claimant attested that the cab was strung up from behind after the turn. Answering a cross-examination query regarding his assessment of the period between the driver's cab suddenly evading and the crash, he said it was "possibly 10" seconds. Asked about his estimation, the claimant said: "Appreciating such breaks, obviously I will be inaccurate" and that "a few seconds have passed to go out there and get it.
The applicant's assertions do not constitute a court confession of the cabin operator's exemption from liabilities. Assuming that the plaintiff's statement shows no neglect on the part of the taxi company, Yellow Cab refers to the statement of the respondent Marcia Rosenbaum, who was named as a testimonee for the claimant, and shows that the taxi company was careless.
The applicant submits that the applicant, who thus submitted proof of two different facts leading to contradictory inferences, did not prove himself. Looking at the plaintiff's statement as a whole, it is not conclusive that the company was not negligence. P. 52(a) that the immediate cause of the crash was the abrupt, non-signaled turn of the cabin.
The whole of his statement shows that it seemed to him that there was an accident between the right front part of the rose tree and the right back part of the cabin. The exact point of effect was therefore not essential for the issue of Yellow Cab's neglect, but only for the issue of whether Marcia Rosenbaum was also at fault.
Evaluating the damage, the Bezirksgericht examined the 1956 case histories of the plaintiff's right shoulders and necks, the first wound caused by the tossing of a bullet, an injury caused by a blow to the back a few month later and his hospital stay and care, which included the use of a necklace; noted that in February 1957 he no longer needed the necklace and was able to work fourteen working days; that the "existing, essentially sunken state of the neck" was exacerbated by the crash in the garment; and that this excited the pre-existing state, which required hospitalisation, care, and resuming use of the necklace.
Eventually, in December 1958, the applicant was subjected to a liminectomy of the cervix and a related operation to alleviate the soreness. Indications are that the Regional Tribunal found that the earlier traumatic state of the plaintiff's right shoulders and nape of the neck was exacerbated by the impact of the impact, and that the impact of the impact was the cause of his illness and necessary operation.
Circumstances have been relatively straightforward and the local court's observations and reasoning are adequate for verification. The plaintiff was clerk and general counsellor of the Lipton Tea Company with an annual mean wage of approximately $22,000 from 1957 to 1959. According to the tribunal, he had been deprived of ninety-one working hours due to the May 6, 1957 crash, had spent $4,000 on physician's fees, and "suffered a severe sore throat from May 6, 1957 to about January 1959 * * * * *, but still had residual pains in his throat.
Marcia Rosenbaum had not seen the cabin before the crash; the cars then halted with the front right wing of the cabin against the right back wing of the Rosenbaum vehicle with the only fault on her vehicle being a scrape on the right back wing; the cabin was at a 45 degrees to the kerb; and Marcia Rosenbaum's not seeing the cabin before the crash did not cause the crash.
There was no carelessness and no responsibility on their part.