Nelson v. Blake

(dissenting)—If this court is to entertain an affirmative defense of contributory negligence on the part of a favored driver, I can agree with Judge Hale’s dissenting opinion.

However, I believe that the favored driver should not be barred from recovery in intersection accident cases except where there is deception on his part or where he had the last clear chance to avoid the collision. My reasons are stated in my concurring opinion in Zahn v. Arbelo, ante p. 636, 434 P.2d 570 (1967), in which I said:

I would abandon rules of “relative” rights of way which have developed from Martin v.…