Legal Opinion
John S. Marchant v. The Dayton Tire & Rubber Co.
Court of Appeals for the First Circuit
Decided January 6, 1988No. 87-1487, 87-1634PublishedCited by 36 opinions
1Opinion of the Court
COFFIN, Circuit Judge.
Plaintiff-Appellant, John Marchant, was injured when a tire manufactured by the defendant-appellee, Dayton Tire & Rubber, exploded while plaintiff was mounting it onto his truck. Following a jury trial at which defendant was found liable for damages for a breach of warranty on the tire, the trial judge entered a judgment for the defendant notwithstanding the verdict. Plaintiff appeals the judgment n.o.v.
I
On April 28,1982, plaintiff was mounting a tire manufactured by defendant on a light truck wheel rim. Plaintiff had gotten the tire, which seemed to be in excellent…
2Cases cited24 opinions
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
- 30 Fair empl.prac.cas. 633, 30 Empl. Prac. Dec. P 33,169 Theodore Kolb v. Goldring, Inc., Theodore Kolb v. Goldring, Inc.Court of Appeals for the First Circuit · 1982
- Gorsalitz v. Olin Mathieson Chemical Corp.Court of Appeals for the Fifth Circuit · 1970
19 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Unisplay, S.A. v. American Electronic Sign Co., Inc., and Luke G. WilliamsCourt of Appeals for the Federal Circuit · 1995
- Koster v. Trans World Airlines, Inc.Court of Appeals for the First Circuit · 1999
- Berend J.D. Havinga v. Crowley Towing and Transportation Company, Berend J.D. Havinga v. Crowley Towing and Transportation CompanyCourt of Appeals for the First Circuit · 1994
- Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco CompanyCourt of Appeals for the First Circuit · 1990
- Rivera Castillo v. Autokirey, Inc.Court of Appeals for the First Circuit · 2004
31 more not listed; retrieve them via the Exa API.