Delair v. McAdoo
Supreme Court of Pennysylvania, 1936.
324 Pa. 392, 188 A. 181
Author: Ema

Plaintiff brought an action in trespass to recover for damages received when defendants vehicle had a tire blow and defendants car struck that of plaintiff. Court awarded plaintiff damages amounting to $7,500 and defendant appealed. Appellate court grant defendant a new trial on the grounds that verdict was excessive. Issued raised is whether or not defendant was negligent due to his duty or standard of care. In the new trial, court found for plaintiffs. The courts reasoning is that it is imperative that a duty or standard of care be set up that will be productive of safety for other users of the highways. The court found that any reasonable person would have known that the tire was in such poor condition that the vehicle should not have been driven.