Delair v. McAdoo

Opinion by

Mr. Chief Justice Kephart,

Plaintiff brought an action in trespass to recover for damages to his person and property sustained as a result of a collision between his automobile and that owned by the defendant. The accident occurred when defendant, proceeding in the same direction as plaintiff, sought to pass him. As defendant drew alongside of plaintiff the left rear tire of his car blew out, causing it to swerve and come into contact with the plaintiff’s car. The latter’s theory at trial was that defendant was negligent in driving with defective tires. The jury found for plaintiff…