Harward v. General Motors Corp.

YalbNtiNE, I.

The sole question presented upon this appeal is the validity of the judgment of nonsuit. Plaintiff’s case turns upon his own testimony and that of a mechanic. If the evidence of these two makes out a case of actionable negligence and proximate cause against either or both defendants, the plaintiff is entitled to a new trial; otherwise, the judgment of nonsuit must be sustained.

The term negligence as used in the law of torts lends itself to a wide use of language, but all the definitions employed by the courts and used by the textwriters revolve around want of due care or…