Ney v. Yellow Cab Co

2 Ill.2d 74,117 N.E.2d 74 (1954)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A taxi driver for Yellow Cab (D) left his taxi unattended on a Chicago street with the key in the ignition and the cab running. The cab was stolen and involved in an accident. Ney (P) was injured in that accident. P sued D for the negligence of its employee; the taxi driver violated section 92 of article XIV of the Illinois Uniform Traffic Act. P was given the verdict by the jury and D appealed; the statute was intended as a traffic regulation only and could not give rise to liability under the circumstances of this case, and that D was not the proximate cause of the injuries to P. D contends the statute is not an anti-theft measure and that D cannot be liable for the actions of a thief. P claims that the statute is a safety measure and that the questions of negligence and proximate causation are negligence per se.