Sikes v. Wilson

The plaintiffs in error contend that the court erred in not charging the jury as follows: “Even though you may believe that the driver of the car was negligent, in some of the respects alleged in the petition, it would have been the duty of the driver of the truck to use ordinary care in avoiding such negligence, and if you believe that he could by the use of such ordinary care have avoided striking the car, then the plaintiff would not be entitled to recover.” No written request to give this charge was made by the. defendants, but they allege that the principle stated was not substantially…