April 10, 2020

Delair v. McAdoo | Case Brief - 324 Pa. 392, 188 A. 181 (1936)

FACTS: Plaintiff brought charges against the Defendant for damages to his automobile cause when Defendant's tire blowout. 

HISTORY: Jury found for Plaintiff in sum of $7500.  Court of Appeals granted verdict was excessive but refused motion for a judgement notwithstanding verdict.

ISSUE: Is the person liable for not knowing the condition of the tire?

HOLDING: Yes.

RATIONALE: Two witness testified the tire was worn down into the fabric. A jury is well qualified to determine risk from the condition of the tire b/c it is something so many people use. Anyone can tell that a tire is worn when the fabric is showing. the law requires drivers and owners to know the condition of their automobiles and assumes they are aware of the dangers found by examining said vehicle.

DISPOSITION: Order Affirmed.