Ney v. Yellow Cab Co.
Illinois Supreme Court
117 N.E.2d 74 (1954)
Relevant factsFree
A Yellow Cab (defendant) driver left his cab unattended with the engine running, violating an Illinois statute, and the cab was stolen; while fleeing, the thief crashed into Ney's (plaintiff) car, causing damage. Ney sued Yellow Cab for negligence per se based on the statutory violation, and both the trial court and an intermediate appellate court ruled for Ney; Yellow Cab appealed.
IssueFree
Whether a statutory violation that leads to a car being stolen, which the thief then crashes into a third party's vehicle while fleeing, establishes proximate cause as a matter of law or presents a factual question for the jury.