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Clinkscales v. Carver

136 P.2d 777 (1943)

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Clinkscales v. Carver

California Supreme Court

136 P.2d 777 (1943)

Facts

Richard Clinkscales was driving a car with his wife, Lois Clinkscales, and child (plaintiffs) in the vehicle. Herman Carver (defendant) was driving perpendicular to the Clinkscales family when the cars approached each other at an intersection. Carver’s street had a stop sign, and Carver was familiar with this stop sign. Carver approached the stop sign, looked in both directions, and proceeded to enter the intersection. However, Carver did not see the Clinkscales family, and he collided with their car, resulting in Richard’s death. Lois and her child brought suit against Carver for negligence. During the trial, the court instructed the jury to find for Lois if the jury believed Carver failed to stop at the intersection, as was required by the resolution of the Board of Supervisors of Imperial County and by statute. Carver argued that the stop sign was placed illegally because the resolution was not legally adopted, thus making the jury instruction improper. At the end of the trial, the jury found for Lois, and Carver appealed.

Rule of Law

Issue

Holding and Reasoning (Traynor, J.)

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