Frantz v. General Motors Corp.

O’CONNELL, Circuit Judge.

A large tractor-trailer truck belonging to plaintiff had been damaged, principally in the interior of the tractor cab, by a fire. The tractor portion of this truck combination was brought to the Philadelphia shop of the General Motors Corporation (“defendant”)1 for repairs. Shortly after the vehicle was returned to plaintiff and dispatched on its first trip, it crashed into a large boulder near Compass, Pennsylvania. Plaintiff contended, and the trial court sitting without a jury found, that the cause of the accident was a brake failure. The issues requiring…