Clinkscales v. Carver - 22 Cal. 2d 72, 136 P.2d 777 (1943)

Rule:

Cal. Veh. Code § 577 provided that the driver of any vehicle upon approaching any entrance of a highway or intersection sign posted with a stop-sign as provided in this code shall stop at such sign before entering or crossing such highway or intersection.

Facts:

Defendant did not stop his car before entering an intersection, resulting in a collision with decedent. The trial court instructed the jury that any person operating a motor vehicle in a northerly direction at the intersection was required to stop before entering it, by virtue of a resolution of the county board and Cal. Veh. Code § 577, that Cal. Veh. Code § 522 controlled the right of way, and that if defendant failed to make the stop and this failure proximately caused the accident, the verdict should be in favor of plaintiffs, wife and child of decedent. The trial court entered judgment in favor of plaintiffs on a verdict of the jury. Defendant contended that the ordinance referred to on the board's resolution was never legally adopted and there was no legal authorization for the stop sign, so that the instruction to the jury was prejudicially erroneous.

Issue:

Did the trial court give erroneous instruction to the jury? 

Answer:

No.

Conclusion:

The supreme court held that the trial court rightly instructed the jury that measured by the standard set up by the resolution of the board of supervisors and the Vehicle Code, it was negligence as a matter of law to disregard the stop-sign and affirmed the judgment in favor of plaintiffs.