
    Patrick H. MENDEZ v. TOYE BROS. YELLOW CAB CO. and Travelers Insurance Co. (Consolidated with No. 420).
    No. 422.
    Court of Appeal of Louisiana. Fourth Circuit.
    Sept. 4, 1962.
    Kent Satterlee, Jr., New Orleans, for plaintiff and appellee.
    Deutsch, Kerrigan & Stiles and Frederick R. Bott, New Orleans, for Toye Bros. Yellow Cab. Co., defendant and appellant.
    Jones, Walker, Waechter, Poitevent, Carrere & Denegre and Donald L. King, New Orleans, for Travelers Ins. Co., defendant and appellant.
    Before McBRIDE, SAMUEL and LANDRY, JJ.
   McBRIDE, Judge.

This suit was consolidated with the proceedings entitled: Cheney v. Toye Bros. Yellow Cab Co., 144 So.2d 597. As a result of the collision between Cheney’s Buick and the taxicab, the former careened toward the left and crashed into the 1958 Pontiac of Patrick PI. Mendez, which was negotiating the intersection, moving in the direction of the lake, and Mendez seeks to recover from Cheney’s liability insurer and the cab company, in solido, the amount of $237.64, and said defendants have appealed from the judgment for $216.08 in his favor.

Dean, the cab driver, maintains that the Cheney car struck Mendez’ vehicle before it struck the cab. The weight of the evidence convinces us this is not so.

Mendez was not guilty of any act of contributory negligence as defendants contend he was. His damages resulted solely from the joint and concurring negligence of the taxicab driver and Miss Cheney which is set forth in our opinion and decree in the above-mentioned case.

The judgment appealed from is affirmed.

Affirmed  