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JOHNSON v. YELLOW CAB CO. of PHILA.

456 Pa. 256 (1974)

Johnson, Appellants, v. Yellow Cab Company of Philadelphia.

Supreme Court of Pennsylvania.

Reargued November 30, 1973.

March 26, 1974.

Attorney(s) appearing for the Case

Edwin P. Smith, with him Mendel, Dubyn, Schwartz and Smith, for appellants.

Bernard G. Segal with him Charles C. Hileman, III, and Schnader, Harrison, Segal & Lewis, for appellee.

David B. Fawcett, Jr., M. Richard Dunlap, and Dickie, McCamey & Chilcote, for Yellow Cab Company of Pittsburgh, amicus curiae.

Lewis H. Van Dusen, Jr., with him David P. Bruton, and Drinker, Biddle & Reath, for Southeastern Pennsylvania Transportation Authority, amicus curiae.

James M. Penny, Jr., Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for City of Philadelphia, amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE MANDERINO, March 26, 1974:

The appellants, Doris Johnson, her husband, Donald Johnson, and Arthur MacMillan, sued the appellee, Yellow Cab Company of Philadelphia, owner of a taxicab which was struck from behind on November 12, 1970, by a vehicle driven by an uninsured motorist. Doris Johnson and Arthur MacMillan were passengers in the taxicab. The complaint alleged negligent conduct by the uninsured...

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