Albers

The plaintiff had judgment against the defendants in an action prosecuted to recover damages for the death of his son, Winfrid Albers, by reason of the overturning of an oil truck belonging to the defendant corporation, and driven by the defendant Morton. From this judgment the defendants appeal.

The cause of action is based upon the alleged operation of the truck referred to while the steering mechanism thereof was in a defective and dangerous condition.

The complaint alleges in substance that by reason of the wilful, wanton and gross negligence of the defendants, the nut which holds the steering-wheel in place upon the steering-shaft of the truck was absent; that the absence of the retaining nut made it probable that a jolt or jar would detach the adjustment of the steering-wheel from the steering-post and cause loss of control of the truck; that knowing the existence of the dangerous and unsafe condition of said truck, the defendants carelessly, wantonly and negligently caused said truck to be driven over a certain highway leading to a bridge crossing Cherokee channel in Butte County; that as the truck was being driven, upon the approach to said bridge, the steering-wheel…