Peters v. Rieck

— 'Plaintiff appeals from a judgment on verdict for defendants in an action to recover for personal injuries sustained when the ear in which she was riding, while stopped at a stop sign, was struck in the rear by a pickup truck owned by defendant Bernard Buhr and driven by his employee Arthur Rieek.

Plaintiff asserts the trial court erred iñ (1) submitting to the jury the issue of legal excuse because of sudden brake failure and (2) failing to properly instruct that defendants had the burden of proving their pleaded defense of legal excuse.

With the exception of whether Rieek made certain…