Mitchell v. Heaton

Hale, J. —

The only specification of negligence in plaintiff’s petition was that the right rear wheel of defendant’s automobile was made so that the wheel fastened thereon with six lug holts and nuts, and at the time of the accident the defendant was driving the same with only four nuts thereon, and one was loose and of no use in holding on the wheel. The wheel came off and the automobile was thrown into a cement culvert.

Defendant was a dealer in agricultural implements and had for sale a repossessed tractor which he was trying to sell to plaintiff’s brother. Defendant brought the plaintiff…