Aultman v. Spellmeyer

Bell, Presiding Judge.

The single special ground of the motion for new trial urges as error the- failure of the trial judge to give the following portion of Code Ann. § 68-1635 in his instructions to the jury: “The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated: . . . (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking *771vehicle on audible signal and shall not…