Peters v. Casualty Co. of America

Citations

• 101 Wash. 208
• 172 P. 220
• 1918 Wash. LEXIS 812

Syllabus

<p>Municipal Corporations—Streets—Negligence or Driver of Jitney—Ownership of Car—Evidence—Statutes—Presumption. Under Rem. Code, § 5562-13, providing that, upon the sale of any motor vehicle, delivery shall not be deemed to have been made until the vendor removes his license plates, in an action for personal injuries suffered through the negligence of the driver of a jitney, bonded by the defendant surety company and carrying the license number issued to the principal in the bond, it will be conclusively presumed that he owned the car, operated under his permit and license number, although he had executed a contract purporting to convey all title to another and voluntarily left his license number on the car pursuant to an understanding of all the parties to the sale.</p> <p>New Trial—Newly Discovered Evidence. A new trial for newly discovered evidence is properly overruled where the evidence could not be properly regarded as newly discovered, and would not be likely to obtain a different verdict.</p>