Van Court v. Lodge Cab Co.

Plaintiffs brought suit to recover damages for injuries sustained by them while riding in a taxicab owned by defendant Lodge Cab Co., Inc. Aetna Casualty & Surety Company was made a party defendant for the reason that it was surety upon the bond executed by the cab company in accordance with Rem. Rev. Stat., Vol. 7A, § 6383 [P. C. § 236]. Trial by the court, without a jury, resulted in findings, conclusions, and judgment in favor of plaintiffs. Defendants have appealed.

Appellants make two contentions: (1) That, under the evidence, the trial court should have found, as a matter of fact and of…