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CHECKER YELLOW CAB CO. v. SHIFLETT

Nos. 2931, 2932.

351 P.2d 660 (1960)

CHECKER YELLOW CAB CO., Inc., Appellant (Plaintiff below), v. David E. SHIFLETT and Harry E. Ruckman, Inc., a Corporation, d/b/a Pepsi-Cola and Seven-Up Bottling Co. of Cheyenne, Defendants below, Herman F. Mannon, Appellee (Intervener below). David E. SHIFLETT and Harry E. Ruckman, Inc., a Corporation, d/b/a Pepsi-Cola and Seven-Up Bottling Co. of Cheyenne, Appellants (Defendants below), v. CHECKER YELLOW CAB CO., Inc., Appellee (Plaintiff below), Herman F. Mannon (Intervener below).

Supreme Court of Wyoming.

May 3, 1960.

Attorney(s) appearing for the Case

James P. Horiskey, Cheyenne, for Checker Yellow Cab Co.

Lathrop, Lathrop & Tilker, James A. Tilker, Cheyenne, for Shiflett and Harry E. Ruckman, Inc.

Walter C. Urbigkit, Jr., Cheyenne, for Herman F. Mannon.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

The circumstances which precipitated this action are as follows: At about 9:00 a.m. on July 24, 1958, a truck, at a speed of between 5 and 10 miles per hour, was proceeding on its right side of a street, when a cab, traveling in the same direction at a speed somewhere between 20 and 40 miles per hour, attempted to pass it. Before the cab had completed the passing, the truck suddenly turned to the left with...

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