Cornelius v. Bay Motors Inc.

This is an action in strict liability for personal injuries sustained by the driver of an automobile which was “rear-ended” by an automobile with defective brakes and which had been sold by defendant as a used car on the very morning of the day of the accident.① Defendant appeals from an order granting plaintiff’s motion for a new trial after entry of a judgment based upon a jury verdict for defendant. Plaintiff’s motion for a new trial was based primarily upon the ground that the court had erred in denying plaintiff’s motion for a directed verdict on the issue of liability.②

Three questions…