Anderson v. Robinson

Every motor vehicle, when operated upon the highway shall be equipped with brakes that are maintained in good working order and conform to the regulations prescribed by statute. G.S. 20-124; Austin v. Austin, 252 N.C. 283, 113 S.E. 2d 553. Plaintiff’s evidence was clearly sufficient to show that, at the time of the accident, the brakes on defendant Jenkins’ automobile were defective and did not meet the requirements of this statute. Where the plaintiff has shown the defendant’s brakes to be defective, which is negligence per se, our Supreme Court has stated the correct rule to be as follows:

“T…