WILKEY v. SOUTHWESTERN GREYHOUND LINES

No. 36614.

296 P.2d 786 (1956)

Manuel E. WILKEY, Surviving Husband of Jean Louise Wilkey, Deceased, Plaintiff in Error, v. SOUTHWESTERN GREYHOUND LINES, Inc., a Corporation, and Bill L. Pratt, an Individual, Defendants in Error.

Supreme Court of Oklahoma.

April 24, 1956.


Attorney(s) appearing for the Case

Pettigrew & Parkhill, Grand Prairie, Tex., Howard K. Berry and William A. Hennessy, Oklahoma City, for plaintiff in error.

Grigsby, Foliart & Hunt, Jake Hunt, Oklahoma City, for defendants in error.


JACKSON, Justice.

The parties appear here as in the trial court and will be given their trial court designations.

For reversal plaintiff presents his argument under two propositions: (1) The driver of an overtaken vehicle is under no duty to drive his vehicle from the paved portion of the highway so as to permit an overtaking vehicle to pass, and an instruction which suggests that such a duty exists, is prejudicial error; and (2) error of the court in refusing...

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