Akers v. Stirn

There are two questions for review. The first is whether there was sufficient evidence of wanton misconduct upon the part of defendant, Chaplin, to make a-jury question. The second concerns the refusal of the trial court to give a requested special charge.

Early in the afternoon of September 2, 1936, defendant was driving from Lima to Payne, Ohio, northerly on route 115, a straight, level highway consisting of an eighteen-foot, hard, cement surface and a solid berm on each side of sufficient width for an automoile to pass on the outside of the hard cement surface. In the automobile with…