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

P, a skilled mechanic and traveling representative of Transit Bus Sales made one of his quarterly trips to Knoxville. P contacted D, who had purchased a motor bus from the company P represented. P inspected the bus and told D a belt was too loose. D's driver went away and got the belt tightened. When the driver returned with the tightened belt, the matter was discussed at length. P was then attempting to show D how tight it should be when the driver started the motor cutting off two of P's fingers. P did not throw a safety switch which he knew was there so as to prevent injury to him. On the way to the hospital, D said: 'I am awful sorry this happened, but don't worry a minute. I will see you are compensated for the loss of your finger, take care of your expenses for the loss of your finger, and all.' D made a similar assurance sometime later. D refused to pay, and P sued for negligence and breach of contract. D moved for a directed verdict for the breach of contract; there was no consideration for the promise. The motion was denied, and the jury found for P. D appealed.

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