Nelson v. Pacific Coast Casualty Co.

Citations

• 96 Wash. 43
• 164 P. 594
• 1917 Wash. LEXIS 871

Syllabus

<p>Appeal — Recoed — Evidence — Review — New Tbial. Since the granting of a new trial for inadequate damages is discretionary, it cannot be reviewed on appeal in the absence of the evidence bearing upon the amount of the damages.</p> <p>New Tbial — Inadequate Damages — Recitals. An order granting a new trial for inadequate damages need not recite that the verdict was the result of passion or prejudice, but the presumption is in support of the judgment.</p> <p>Cabbiees — Regulation—Jitney Busses — Bonds—Liability — Extent — Statutes. The surety on a jitney bus bond is liable to each person injured for the full amount of the damages, up to the extent of the penalty in the bond, under Rem. Code, § 5562-39, providing that “every person” injured shall have a right of action on the bond and that “in any such action the full amount of damages sustained may be recovered against the principal, but the recovery against the surety shall be limited to the amount of the bond”; in view of the fact that the bond is filed with the secretary of state as a condition for the issuance of a permit to run a bus for hire, and is not to be discharged by one recovery and that independent rights of action are given to each person injured.</p>