Remer v. Flying Eagle Whiteway Lines, Inc.

CLARK, Circuit Judge.

These actions, tried together, seek damages for the death of Charles E. Remer and the injuries to Caroline C. Ballard, both passengers on a bus owned and operated by defendant Flying Eagle Whiteway Lines, Inc., when its left front tire blew out, causing a collision and the resulting death of the one passenger and the injury of the other. The tire had been manufactured by the Firestone Tire and Rubber Company, a defendant below, which had -leased it to Flying Eagle on a -contract whereby the latter paid on the basis of the tire's mileage. At the trial there was evidence…