Gatlin v. Allen

Allen was employed by Gatlin as driver of a logging truck. As the result of allegedly defective brakes,' he suffered personal injuries, on account of which he brought suit and recovered judgment in the sum of $5,000. Gatlin appeals, assigning as error, (1) denial of motion for a new trial, (2) refusal to grant an instruction, and (3) denial of motion for new trial on the ground that the verdict was excessive.

Allen was driving the truck in the master’s business and upon his orders, and at a rate of about thirty miles an hour. He was traveling upon a graveled road, and when the front wheels…