Delair v. McAdoo
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.