Apex Tire and Rubber Co. v. Merritt Tire Co.

The plaintiff, as ground for a new trial, places its reliance on two assignments of error: (1) (a) Without finding them qualified as experts, the Court permitted the defendant’s witnesses Pugh and Alvy to testify that the defects in the recapping resulted from the separation of the gum cushion from the tread stock and not from a separation of the gum cushion from the carcass; and (b) the Court’s failure to find the plaintiff’s witness Bolt to be an expert. (2) The Court gave erroneous instructions as to the measure of damages.

The defendant’s witnesses Pugh and Alvy were shown to have had long…