Order reversed, on the law, with $10 costs and disbursements, and motion granted, with assessment of damages to proceed.
The uncontested facts shown in the papers on the motion demonstrate that for four hours prior to the accident the individual defendant drove the loaded 15,000 pound truck in question, with knowledge that it was necessary to "mash" the brake down twice in order to slow the vehicle down, and that he made no attempt to repair the defect. In...
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