Daniel v. Motes

BOULDIN, Justice.

The action is for personal injuries.

The case went to the jury on a count for wanton injury.

One question presented on this appeal, the most vital one, is the refusal of the affirmative charge requested in writing by defendant.

The case arose from a collision between motor vehicles while passing each other on a public highway.

This highway, surfaced with chert, had a width suitable for travel of some 25 feet.

Evidence tends to show that the lanes of greatest travel by vehicles were marked by tracks or ruts, one set of tracks being to the right of the center of the road going each…