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

P purchased a truck from D in 1963. P drove the truck 7,000 miles and then it hit a rock on a blacktop highway at normal speed and continued for about 35 miles when the truck left the road and tipped over. The rim of the wheel was found to be separated from the spider with the spider showing evidence if it’s being dragged along the ground. Only three rivets which had held the rim on the spider were found after the accident. Involuntary nonsuit was given D, and P appealed.

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