Kjellander v. Piedmont Baking Co.

The learned counsel for appellant, Mr. Self, advances the following argument in favor of the special instruction proffered, by the defendant, but which the court declined to give:

“It may be that the driver of defendant’s truck yielded for a few seconds to a demand for sleep; he may have allowed his mind to wander from the business in hand to contemplation of some real or fancied trouble; he may have fallen into a ‘brown study’ or a fit of absentmindedness. But whatever the reason for his lapse, it is highly probable that he would have ‘snapped out of it’ instantly if the plaintiff had sounded…