McDonald v. Lawrence

Citations

• 100 Wash. 215
• 170 P. 576
• 1918 Wash. LEXIS 729

Syllabus

<p>Master and Servant—Lessee or Employee—Jitneys—Question eor Jury. In an action on a jitney bond, whether the driver of a jitney bus was an employee or lessee of the owner was a question for the jury, where he testified that he was driving for the owner, that he hired the car from him at the rate of $3 per day, bought his own gasoline and oil, and that the owner furnished everything else and kept up the car; especially since a contract of letting rather than an employment would be in violation of public policy under Bern. Code, §§ 5562-37 to 5562-41, requiring jitney bonds.</p> <p>Municipal Corporations—Streets—-Jitneys — Bonds — Liability of Surety. Under Rem. Code, §§ 5562-37 to 5562-41, requiring a permit for “each motor vehicle” carrying passengers for hire in cities of the first class, and a bond indemnifying any one injured by the operation of the specific machine when operated by the owner or under his direction or permission, the surety is liable for injuries resulting from a machine for which the owner secured the permit, although operated by a lessee; since any contract that would defeat the purpose of the statute would be void as against public policy.</p>