DELAIR V. McADOO
Sup. Ct. of Pa., 324 Pa. 392,188 A. 181 (1936)
NATURE OF THE CASE: McAdoo (D) appealed an order denying D's motion for a judgment non
obstante veridicto in Delair's (P) action for damages based on trespass.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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