NEY v. YELLOW CAB CO. 2 Ill.2d 74,117 N.E.2d 74 (1954). CASE BRIEF

NEY V. YELLOW CAB CO.

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

NATURE OF THE CASE: This was an appeal from an award for damages for negligence.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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