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eBook details

• Title: Ardene Haser v. Elmer Pape and Yellow Cab
• Author : Supreme Court of New York
• Release Date : January 30, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The plaintiff brought this action for damages against Elmer Pape and the Yellow Cab Company, a corporation, alleging that while riding in a taxicab of the defendant corporation operated and driven by the defendant, Elmer Pape, an employee of the corporation, she was assaulted and raped by Pape and by another man. Pape defaulted for want of an answer. The defendant corporation answered denying liability upon several grounds, the chief one being that she was not a passenger of the taxicab company at the time she was assaulted and raped and that no liability devolved upon the defendant corporation for the injury that had befallen her. The trial court upheld this contention and directed a verdict of dismissal upon the ground that the contractual relationship of carrier and passenger between the plaintiff and the cab company was never created and upon the further ground that even though the plaintiff were a passenger, Pape was not acting within the scope of his employment as cab driver when he committed the assault. A verdict of $10,000.00 was returned against Pape. The plaintiff appealed to this court and we determined that it was prejudicial error for the trial court to direct a verdict in favor of the defendant cab company. Upon a retrial of the issues between the plaintiff and the Yellow Cab Company, pursuant to our order, the jury returned a verdict of $650.00 in favor of the plaintiff but allowed no interest thereon.

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