Sconce v. Jones

* NOTE: Opinion filed at May Term, 1938, May 26, 1938; motion for rehearing filed; motion overruled at September Term, November 19, 1938. This case, recently reassigned to the writer, is an action for damages for personal injuries brought by an employee against his employers. Plaintiff had a verdict for $15,000. Defendants have appealed from the judgment entered.

The negligence charged and submitted was defective condition of the truck in which plaintiff was riding (front wheels shimmied and brakes acted unevenly), which it was claimed defendants had refused to remedy after complaint. It is…