Libby

This action was brought to recover damages alleged to have been sustained in an automobile collision, and resulted in a judgment in favor of the plaintiff in said action. The appellant requested the trial court to instruct the jury as follows: “You are instructed that if you shall find from the testimony that prior to the time of the collision, the defendant had been driving and operating his automobile in an ordinarily careful and prudent manner and with due regard to the regulations governing speed and care in the operation of an automobile, and that prior to the collision and without fault or negligence on his part, a stranger, driving by, crowded him off' the pavement and that it was necessary, or apparently necessary, for him to leave the pavement in order to protect himself, and that after having left the pavement he continued to operate his automobile in a -careful and prudent manner, but that because of having been crowded off the pavement, if you should find he had been so crowded, and because of mud on his tires, if you should find there was mud on his tires, he was caused to skid, then I instruct you that the defendant would not be guilty of negligence, and you should…