Racette v. Sunlight Baking Co.

The plaintiff was the driver of one of the defendant’s delivery trucks. On the day preceding the accident he complained that the brakes on this truck were not in proper condition, whereupon the defendant directed one Eustathion, the proprietor of the garage where the truck was kept, to make the necessary repairs. The brakes were relined and adjusted, and the plaintiff, when he called for the truck in the morning, was informed by Eustathion that the car was “all ready to take . . . out.”

Shortly after leaving the garage, the plaintiff, who was driving easterly on Lake avenue, applied the brakes…