Wojciuk v. United States Rubber Co.

The brief of the respondent plaintiffs contains an excellent summary of the facts which present the issues for present decision, as follows:

“Plaintiffs, husband and wife, have brought suit for personal injuries and related damages incurred when their automobile overturned due to an allegedly defective tire purchased by them some two weeks previously. They have sued the owner and operator of the Phillips “66” filling station from whom the tire was purchased (Fferbert Stuewer, d/b/a Fferb’s Service) ; the Phillips Petroleum Company whose name and trade-mark appeared on the tire and in prominent…