Landry v. Hubert

Following the remand of this case (100 Vt. 268, 137 Atl. 97), a second trial resulted in a judgment for the plaintiff, which the defendant now attacks by one exception to the charge.

The action is based on the alleged negligence of the defendant in operating an automobile on the public highway. The plaintiff, a passenger in the car, was injured when it ran into the rear of a wagon loaded with lumber; and there was evidence tending to show that the proximate cause of her injuries was the lack of repair of the brakes on the automobile.

The instructions said to be erroneous were as follows: “If…