GIVENS, Justice.
Appellant sued respondent for injuries suffered by him in an accident while riding in respondent's automobile, driven by him, alleged in the amended complaint to be caused by respondent's negligent operation of the automobile, in that the left rear tire was smooth, worn, and inadequate in tread for braking power and ordinary use; that the usage of said tire for speed at 65 miles per hour was gone and its fabric strength was impaired by age, hard usage...
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