Illinois Supreme Court
117 N.E.2d 74 (Ill. 1954)
A cab driver for Yellow Cab (defendant) left his cab unattended with the engine running and the cab was stolen. In trying to get away with the cab quickly, the thief ran into Ney’s (plaintiff) car, causing damage. Ney brought a negligence suit against Yellow Cab, alleging negligence per se due to violation of an Illinois statute that prohibited drivers from leaving their car unattended with the engine running. The trial court found in favor of Ney and the appellate court affirmed. Yellow Cab appealed.
Rule of Law
Holding and Reasoning (Maxwell, J.)
Dissent (Hershey, J.)
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