The Gray Line Company, a Corporation v. The Goodyear Tire & Rubber Company, the Goodyear Tire & Rubber Company v. The Gray Line Company

The Gray Line Company, a corporation, plaintiff in the district court, instituted an action against The Goodyear Tire & Rubber Company, the defendant in the district court, in which it sought (1) to recover damages in the amount of $6,022.59 as a result of an accident occurring when one of its buses loaded with passengers overturned as a result of a tire blowout, which tire was owned by the defendant; and (2) that the defendant be required to assume the defense of all personal injury and property damage claims asserted by plaintiff’s passengers, and that the defendant be required to hold plaintiff harmless for the amounts of any settlements, judgments, attorneys’ fees, etcetera, incident to the defense or settlement of such claims.

Following pretrial conferences and trial, the court, sitting without a jury, rendered judgment in favor of the plaintiff and against the defendant in the amount of $5,961.34, it having been stipulated that the plaintiff’s bus was damaged and depreciated in value in the amount of $3,722.59, and that plaintiff had been further damaged in the sum of $1,968.75 for the loss of use of said bus while the same was being repaired. The judgment further provides…