Delair v. McAdoo

Supreme Court of Pennsylvania, 1936.

324 Pa. 392, 188 A. 181.

Prosser pp. 146-147

Facts: The defendant tried to pass the plaintiff on a road. The defendant’s tire blew out and his car hit the plaintiff’s car. The plaintiff sued for negligence. The defendant appealed the trial judge’s denial of his motion for a judgment notwithstanding the verdict.

Issue: Does failing to check your tires constitute negligence?

Rule: The duty to check your tires is a duty required by law.

Analysis:

Conclusion:

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