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Delair v. McAdoo
Pennsylvania Supreme Court
324 Pa. 392, 188 A. 181 (1936)
McAdoo (defendant) was passing Delair (plaintiff) in his car when McAdoo's left rear tire blew out. McAdoo’s car swerved and crashed into Delair’s car. Delair sued McAdoo, arguing that McAdoo acted negligently by driving with defective tires. Testimony at trial revealed that the tire was worn to the point that the tread or inner lining of the tire was visible. The jury returned a verdict in favor of Delair for $7,500. McAdoo moved for judgment notwithstanding the verdict or for a new trial. The trial court denied the motion for judgment notwithstanding the verdict but granted the motion for a new trial on the ground that the damages awarded were excessive. McAdoo appealed the denial of his motion for judgment notwithstanding the verdict to the Supreme Court of Pennsylvania.
Rule of Law
Holding and Reasoning (Kephart, J.)
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