Lail v. Wright

Russell, Judge.

When this case was here before the issue was raised by demurrer as to whether actionable negligence was charged in statements that the defendant “allowed” his foot to slip from the brake onto the gas pedal, lurching the car forward and throwing the plaintiff to the ground where he sustained a broken hip and other physical injuries. The court stated that the language imported conscious knowledge on the part of the defendant whereby he let his foot slip onto the accelerator, and that whether in fact the injury resulted from accident or from the failure of the defendant to…