Horner v. Kilmer

Citations

• 115 Wash. 67
• 196 P. 646
• 1921 Wash. LEXIS 706

Syllabus

<p>Appeal (389)—Review—Complaint—Amendments. In an action against husband and wife and sureties upon a jitney-car bond, the supreme court will consider the complaint as presumptively amended to conform to the proof, where it was alleged that plaintiff was injured by the negligent operation of a jitney car owned and operated by the community consisting of husband and wife, and the finding was that the wife was the owner and operator, and the husband the driver of the car as her employee, and the appeal from a judgment against the wife and the surety on the bond was brought up on the transcript alone, without a statement of facts.</p> <p>Municipal Corporations (354-1)—Streets—Jitneys—Bonds—Lia-bility oe Surety. The liability of a surety upon a jitney-car bond being dependent, under the statute, upon the operation of the car and not its ownership, it is immaterial that judgment goes against one, and not all, of the principals on the bond.</p>