Malone

The action is one to recover damages alleged to have been suffered by the plaintiff to his truck, arising out of a collision between his truck and the defendant’s street-car. The complaint charges that the defendant’s car was at the time of the collision being “driven and operated at an excessive, dangerous and unlawful rate of speed and without any regard whatever for the safety of others using the said highways.” The answer denies the charge of negligence and, in addition, sets up the defense of contributory negligence on the part of the driver of the truck, who was the agent of the plaintiff. The case was tried before a jury and, upon a verdict for the defendant, judgment was entered by the court accordingly. The plaintiff appeals from the judgment.

The appellant, seeking to reverse the judgment of the lower court, urges two grounds: First, that the court erred in sustaining defendant’s objection to plaintiff’s offer to show, on rebuttal, that at the time of the collision there was a governor on plaintiff’s truck which controlled and limited its speed. Second, error committed by the court in refusing to give certain instructions requested by the appellant.

The accident…