Peavey

— This is an appeal by defendants from a judgment rendered upon a verdict by a jury. The action was prosecuted by plaintiffs to recover damages alleged to have been sustained by the plaintiff Laura Peavey, and to recover resulting damages alleged to have been suffered by her husband, James Peavey, the other plaintiff, by reason of the alleged negligence of the defendants in- the operation of an automobile. The complaint alleges that the accident which caused the injuries was caused alone by the negligence of the defendants by their failure to properly or at all adjust or set the brakes on said automobile, and by negligently permitting the brakes on said automobile to become and remain old, defective, and unsound to such an extent that when the said brakes were attempted to be set, they did not hold said automobile “from rolling down a decline in the street.”

The answer of defendants denies these allegations and all the material allegations of the complaint, and pleads affirmatively that if the brakes were defective, the defect was unknown to defendants, and by the exercise of reasonable care could not have been discovered by them.

Van Horne Avenue (a public highway in the city…