The plaintiff was the driver of one of the defendant's delivery trucks. On the day preceding the accident he complained that the brakes on this truck were not in proper condition, whereupon the defendant directed one Eustathion, the proprietor of the garage where the truck was kept, to make the necessary repairs. The brakes were relined and adjusted, and the plaintiff, when he called for the truck in the morning, was informed by Eustathion that the car was ""all ready to take... out."" Shortly after leaving the garage, the plaintiff, who was driving easterly on Lake avenue, applied the brakes to avoid collision with a car going northerly on Lincoln street. When he did so, the truck swerved to the left and struck a pole, causing the injuries for which he seeks recovery. He testified: ""I put the brakes on and the front wheel brakes were not adjusted right and the left brake jammed and it turned the automobile over onto the left side of the street by a post, and I tipped over.""
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