Daigle v. Prather

In his complaint Harry Daigle, plaintiff in the trial court, alleged that he suffered damages in the amount of $15,000 as the direct result of negligence on the part of the defendant, Dorothy Prather. In her answer Prather denied that she was in any wise negligent and affirmatively alleged that the automobile collision, out of which the litigation stems, resulted from the sudden failure of her brakes and was an unavoidable accident.

The evidence adduced upon trial disclosed that at about one o’clock P.M. on November 8, 1960, Daigle, who had been proceeding in a westerly direction on East 32nd…