DONOVAN, District Judge.
In this diversity case plaintiff at trial had a verdict in the sum of $26,350 against the Ford Motor Company (hereinafter referred to as Ford). The third party defendant, Clarence A. Dailey (hereinafter referred to as Dailey), was exonerated from liability to Ford by special verdict.
Ford has moved in the alternative for judgment in its favor, or for a new trial, upon the following grounds:
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