Lott v. Smith

Smith, Judge.

Due to an error in the charge, we must reverse the judgment entered in favor of the plaintiff and order a new trial.

The instant case arises out of a collision between appellant’s corn combine and appellee’s truck. Appellant was traveling in his combine at a speed of approximately 17 mph. The maximum allowable speed on the highway was 55 mph. The combine and truck collided when appellant Jeffrey Cleon Lott, without any signal, attempted to make a left turn while appellee was in the process of passing appellant. Appellee crossed over the solid yellow line in making his pass. The…