Marocco

Defendant manufacturer has appealed from a judgment awarding the plaintiff damages for injuries to his left arm which he claimed were caused when the transmission selector lever in the unattended car he had been operating slipped from the park to the reverse position. His arm was crushed between the backing car and the centerpost of his garage while he was attempting to stop the vehicle. It has also appealed from an order denying its motion to tax costs. Plaintiff claimed, and offered evidence to show, that the transmission selector lever mechanism was manufactured from inadequately hard material, which would not properly withstand wear, and that it was assembled with the omission of a part. He sought recovery on the theories of strict liability, implied warranty and negligence.

The appeal from the judgment is predicated solely on the contention that the trial judge committed prejudicial error in allowing the plaintiff to introduce, over objection, evidence of other defects in the model of automobile involved which had no connection with the operation of the transmission selector lever mechanism. The manufacturer also contends that the trial court improperly allowed the…