Watts v. Watts

The plaintiff assigns as error the ruling of the court below in sustaining the defendant’s motion for judgment as of non-suit.

The plaintiff alleged in his complaint that prior to 9 November 1958 “the defendant had actual knowledge that the emergency brake on said Mercury automobile was not in a safe working and mechanical condition and that the said defendant had purchased parts with which to repair said emergency brake but had failed to do so.” The evidence offered in this connection was to the effect that the week before the accident the hand brake cable on the Mercury broke; that the…