Collins v. Gladden

I concur in the result reached in this cause, but feel called upon to comment upon two facets of the case with which I am not in complete accord.

The exercise in trial brinkmanship by plaintiffs’ counsel in pleading and in reading to the jury the statutory requirement of brakes upon a pole trailer is not to be commended. Our record shows that hundreds of dollars were spent upon pretrial depositions and it is inconceivable that counsel urged in good faith the statutory *638requirement of brakes upon the trailer involved in the suit. This effort to plant the seed of a legislative requirement in the…