Sims v. Hoff

Russell, Judge.

Special grounds 1 and 2 of the amended motion for new trial except to certain instructions of the trial court to the general effect that the defendant’s pleaded allegation that the plaintiff was negligent in operating his motor scooter in an unsafe condition and without proper brakes was an allegation of negligence per se, in which connection he pointed out the pertinent provisions of Code Ann. § 68-1701 (a) and Code Ann. § 68-1715 (a) (2) requiring efficient and serviceable brakes and making it a misdemeanor for any person to drive a vehicle in an unsafe condition or without…