HART v. GOODYEAR TIRE & RUBBER COMPANY

Civ. No. 1393.

214 F.Supp. 817 (1963)

Wayne A. HART, Ad'm., Plaintiff, v. The GOODYEAR TIRE & RUBBER COMPANY, Defendant

United States District Court N. D. Indiana, Fort Wayne Division.

February 6, 1963.


Attorney(s) appearing for the Case

Otto E. Grant, Jr., Fort Wayne, Ind., for plaintiff.

William E. Borror, Fort Wayne, Ind., for defendant.


ESCHBACH, District Judge.

The captioned matter is now before the Court on defendant's motion to dismiss counts I and II of plaintiff's complaint. The instant action is brought by the personal representative of Alex F. Smith, deceased, who died as a result of injuries received when a truck which he was driving as an employee of Mayflower Mills left the road and overturned. The fatal accident was allegedly caused by a defective tire on the truck driven by the decedent...

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