Dawson v. Olson

McFADDEN, Justice, joined by SCOGGIN, District Judge

(concurring in part and dissenting in part).

I concur in that portion of the majority opinion which sustains the summary judgment granted in favor of the defendant Department of Highways, State of Idaho. However, I dissent from that portion of the opinion vacating the district court’s order granting judgment notwithstanding the verdict.

The majority opinion recognizes that Mrs. Dawson was negligent per se in failing to stop at the stop-sign line as required by statute, I.C. § 49-751(d), and tacitly, at least, recognizes she was also in…