Hopkins v. Tye

WOOD (Fred B.), J.

Defendant-appellant predicates prejudicial error solely upon the giving of an instruction on waiver of right of way.

The court read to the jury the text of sections 510, 525, 540, subdivision (b), 544, subdivision (b), 546, subdivision (a) and 551 of the Vehicle Code, informing the jury that violation of any of these sections would be negligence per se, giving rise to a rebuttable presumption of negligence; and then instructed on waiver of right of way as follows: “A person who has the right-of-way may intentionally waive that right or he may give the appearance of…