Clinkscales v. Carver
California Supreme Court
136 P.2d 777 (1943)
- Written by Meagan Anglin, JD
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.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.