Knight v. Stewart

YOUNG, Justice.

As held in original opinion, the record indicating that appellee Stewart was negligent per se in failing to yield the right of way to Knight (the latter having first entered the intersection), defendant’s mo*749tion to such extent (though nominally for instructed verdict) should have been sustained. But essential to complete his defense concerning the contributory negligence of Stewart was a finding that such failure to yield the right of way was a proximate cause of the collision. There was evidence under which the jury could have answered the issue (No. .26) either way; arid -…