Saeter

This is an action for damages for personal injuries suffered by plaintiff through alleged negligent and faulty design of a motorcycle. Verdict and judgment went for plaintiff in the sum of $30,000, and defendant appeals.

Plaintiff’s complaint was originally in three counts, but the second and third counts were disposed of before submission to the jury, so that the cause went to the jury on only the first count alleging negligence in manufacturing according to a defective design as the proximate cause of the accident and injury complained of.

The facts as shown by the record before us are as follows: Plaintiff was 28 years of age and clearly of sound mental capacity. Prior to the incident complained of, plaintiff had had five or six years of experience in riding motorcycles. He had owned at least five different motorcycles, including one of the same make here in question. He had used them under varying conditions, including commercial delivery service for grocery stores, work for an electrical contractor, and in taking trips. He had had experience of motorcycles wobbling.

In December 1953, plaintiff purchased a new Harley Davidson motorcycle from a dealer in Vancouver, Canada.…