Edna M. Smith and Noble Smith v. Uniroyal, Inc.

MAJOR, Senior Circuit Judge.

In this diversity action, plaintiffs sought to recover for damages sustained in an automobile accident which allegedly resulted from a defective tire manufactured by defendant and placed on plaintiffs' automobile. The complaint contained three counts based upon negligence, breach of implied warranty and strict liability. The case was tried to a jury, and submitted on counts 2 and 3, count 1 having been dismissed during the trial. Defendant’s motions for a directed verdict made at the conclusion of plaintiffs’ evidence and at the conclusion of all of the evidence…