Delair v. Mcadoo Sup. Ct. Of Pa.,
324 Pa. 392,188 A. 181 (1936).
Nature of the Case
To access this section all you need to do is click here and register.
Facts
McAdoo (D) attempted to pass Delair (P), on the road. As D drew up alongside P's car D's left rear tire blew out, causing an accident with P's car. P sued D for trespass: D was negligent in driving with defective tires. At trial, witnesses testified that D's tire was worn to its inside lining and you could see the inside lining. A repairman testified that he could see the breaker strip which is under the fabric of the tire. D claimed he was unaware of the dangerous condition. The jury gave the verdict to P. D moved for a judgment n.o.v. but that was denied. The court granted a new trial because the verdict was excessive. D appealed the denial of the judgment n.o.v.
Support@ bsmsphd.com
Casebriefs Co