Iacino v. Brown

On November 17, 1947, defendant in error Brown, as plaintiff, filed a complaint in the district court against defendant Iacino for damages, alleging that defendant carelessly and negligently drove his automobile into the rear of an automobile owned by plaintiff while plaintiff was occupying the car then properly parked on the right side of the street, and as a result, plaintiff was injured and his automobile damaged.

Defendant answered, alleging that the accident was unavoidable, was not caused by any negligence on his part, but was due to a mechanical defect in his car, of which he had no…