Firestone Tire & Rubber Co. v. Jackson Transportation Co.

Clark, Judge.

This appeal is by a seller of a truck tire from a verdict in favor of buyer for damages to a tractor-trailer combine resulting from a blowout of a right front tire.

The complaint was in two counts, one based on negligence and the other on the theory that the tire "was not adequate and safe or fit for the purpose for which it was manufactured or sold.” As the evidence failed to present the requisite proof as to negligence, the court sustained a motion for a directed verdict for defendant as to this count. Accordingly, we are concerned only with the implied warranties contained in…