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Keywords

plaintiffdamagesnegligenceliabilitystatute
plaintiffdefendantnegligenceliabilitystatutetrial

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Ney v. Yellow Cab Co., 2 Ill.2d 74, 117 N.E.2d 74, 51 A.L.R.2d 624

Facts

The plaintiff, owner of a parked automobile, sought damages after a taxicab, stolen by a thief, collided with his vehicle. The taxicab was left unattended on a Chicago street with the engine running and the keys in the ignition, violating the Uniform Traffic Act. The plaintiff argued that this negligence was the proximate cause of the damage to his automobile, while the taxicab owner contended that the thief's actions were an independent intervening cause that absolved them of liability.

The plaintiff charged that defendant, by its servant, negligently permitted its taxicab to remain unattended on a Chicago street without first stopping the engine or locking the ignition or removing the key, contrary to a section of said act.

Issue

Was the owner of the taxicab liable for the damages caused to the plaintiff's automobile due to the negligence of leaving the taxicab unattended with the keys in the ignition?

The precise question here presented has never been passed upon by this court and there appears to be a conflict of opinion in the Appellate courts of this State.

Rule

The violation of the statute regarding unattended vehicles is prima facie evidence of negligence, but liability exists only if the violation is the proximate cause of the injury.

The violation of the statute is prima facie evidence of negligence under the prevailing rule of this State.

Analysis

The court analyzed whether the taxicab owner's violation of the Uniform Traffic Act constituted actionable negligence. It considered the foreseeability of the thief's actions as an intervening cause and whether the negligence of leaving the keys in the ignition was directly connected to the damages incurred by the plaintiff. The court concluded that reasonable minds could differ on these issues, making it appropriate for a jury to decide.

We do not mean to be understood as holding that given a cause similar to the facts in the Palsgraf case we would hold otherwise than in the majority opinion; we do, however, believe that under the circumstances as presented in the case before us we find no persuasive authority and no impelling reasoning for this court to hold, as a matter of law, that no actionable negligence can exist.

Conclusion

The Supreme Court affirmed the Appellate Court's judgment, holding that the question of negligence and proximate cause was a matter for the jury to determine.

For the foregoing reasons, it is our opinion that the Appellate Court was correct in affirming the judgment of the municipal court of Chicago.

Who won?

The prevailing party was the owner of the parked automobile, as the court found that the taxicab owner's negligence in leaving the vehicle unattended was a question for the jury.

The Appellate Court here affirmed the trial court's judgment fixing liability on the defendant for violation of a section of the Uniform Traffic Act.

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