This section contains the nature of the case and procedural background.

McAdoo (D) attempted to pass Delair (P), on the road. As D drew up alongside P's car D's left rear tire blew out, causing an accident with P's car. P sued D for trespass: D was negligent in driving with defective tires. At trial, witnesses testified that D's tire was worn to its inside lining and you could see the inside lining. A repairman testified that he could see the breaker strip which is under the fabric of the tire. D claimed he was unaware of the dangerous condition. The jury gave the verdict to P. D moved for a judgment n.o.v. but that was denied. The court granted a new trial because the verdict was excessive. D appealed the denial of the judgment n.o.v.

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