Albers, Appellant v. Ottenbacher, Respondent

Summary

The court held that operating a motor vehicle with defective brakes in violation of the statutory maintenance requirement constituted negligence as a matter of law, absent a legally sufficient excuse for the violation. Because the evidence conclusively established the statutory violation and did not support a jury question on legal excuse, the trial court improperly submitted negligence to the jury. The judgment for the defendant was reversed.