McConnell v. Herron

*488GOODWIN, J.

Plaintiff was injured in a collision between the automobile in which she was a passenger and a truck owned 'and operated by the defendants. The defendants appeal from a judgment for the plaintiff which followed a directed verdict on the issue of negligence.

The collision occurred when the brakes of the truck failed and the truck was unable to stop at a stop light. The defendant offered to prove that prior to the accident his brakes had been working properly, and that the truck’s loss of brakes was caused by forces over which the defendant had no control. This offer of proof was…