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REMER v. FLYING EAGLE WHITEWAY LINES

Nos. 114, 115, 21165, 21166.

172 F.2d 831 (1949)

REMER v. FLYING EAGLE WHITEWAY LINES, Inc. BALLARD v. FLYING EAGLE WHITEWAY LINES, Inc.

United States Court of Appeals Second Circuit.

February 21, 1949.

Attorney(s) appearing for the Case

Philip R. Shiff, of New Haven, Conn., for defendant-appellant.

David M. Reilly, of New Haven, Conn. (Albert B. Gardella, of Ansonia, Conn., on the brief), for plaintiff-appellee Remer.

Charles M. Lyman, of New Haven, Conn. (Charles A. Watrous, of New Haven, Conn., on the brief), for plaintiff-appellee Ballard.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

These actions, tried together, seek damages for the death of Charles E. Remer and the injuries to Caroline C. Ballard, both passengers on a bus owned and operated by defendant Flying Eagle Whiteway Lines, Inc., when its left front tire blew out, causing a collision and the resulting death of the one passenger and the injury of the other. The tire had been manufactured by the Firestone Tire and Rubber Company, a defendant below, which had leased...

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