Morgan Hill Paving Co. v. Fonville

(after stating the facts as above).

Appellant’s major contention is that it was entitled to the affirmative charge, requested by it in writing. This contention is predicated in part on the evidence, assuming that plaintiff’s theory of the case be true, showing that the automobile was driven by Dye at such high rate of speed that it could not be stopped within the range of the headlights —to be more accurate, within the distance the barricade and detour sign could be discovered and its character appreciated by the driver of the automobile.

The ease of St. Louis-San Francisco Ry. Co. v. Guthrie,…