Swope v. Fallen

CULLEN, Commissioner.

Appellant Thomas M. Swope’s automobile, while stopped on the highway at a point where construction work was going on, was struck from the rear by the automobile of the appellee Elwood Fallen, Jr., whose brakes had failed. In Swope’s suit for damages the jury found for Fallen under a “sudden emergency” instruction, and judgment was entered dismissing the claim. Swope has appealed.

The accident occurred in August 1964. Fallen’s car was a 1960 model. A mechanic who examined the car after the accident found a hole in the brake line running to the left rear wheel. He testified…