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MARKWELL v. GENERAL TIRE AND RUBBER COMPANY

No. 15591.

367 F.2d 748 (1966)

James MARKWELL, Plaintiff-Appellant, v. GENERAL TIRE AND RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

September 29, 1966.

Attorney(s) appearing for the Case

John D. Clouse, Evansville, Ind., for appellant.

Fred P. Bamberger, Evansville, Ind., Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, DUFFY, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

CUMMINGS, Circuit Judge.

This diversity action is brought to recover damages for injuries suffered by the plaintiff in an automobile accident. The plaintiff asserts that the accident was caused by a defective front left tire manufactured by defendant. Count I is based on a breach of express warranty, Count II is based upon a breach of implied warranties, and the final Count attempts to impose "strict liability" upon defendant for manufacturing and selling an assertedly...

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