Wilkey v. Southwestern Greyhound Lines, Inc.

JACKSON, Justice.

The parties appear here as in the trial court and will be given their trial court designations.

For reversal plaintiff presents his argument under two propositions: (1) The driver of an overtaken vehicle is under no duty to drive his vehicle from the paved portion of the highway so as to permit an overtaking vehicle to pass, and an instruction which suggests that such a duty exists, is prejudicial error; and (2) error of the court in refusing to submit by appropriate instructions the theory of the plaintiff.

We have carefully examined the pleadings, the evidence and the…