Miller v. Hand Ford Sales, Inc.

The plaintiff brought this action against the defendant to recover damages for personal injuries.

It is conceded by the parties that plaintiff’s cause of action is based upon the theory of the defendant’s breach of warranty arising out of a bailment.

The cause was tried before a jury and the result was a verdict for the defendant. On motion of plaintiff, the trial court set aside the verdict and granted a new trial. From this ruling the defendant appeals.

Defendant’s principal assignment of error is that the trial court should have allowed its motion for a directed verdict. If this contention is…