INGERICK v. MESS

No. 187.

63 F.2d 233 (1933)

INGERICK v. MESS.

Circuit Court of Appeals, Second Circuit.

February 14, 1933.


Attorney(s) appearing for the Case

Brown & Zurett, of Rochester, N. Y., for defendant-appellant.

Levi Ginsburg, of Elmira, N. Y., for plaintiff-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

A motion for a directed verdict for the defendant based on the ground that the plaintiff was a guest to whom no duty to provide safe tires was owed was overruled, and the exception then taken has been argued as one ground for reversal of the judgment. The position of the defendant in this respect rests upon the assumption that he did not know that the tires were dangerous. This is untenable on the evidence,...

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