Pope v. Deal

MARTIN (Robert M.), Judge.

Defendant contends the court erred in instructing the jury that the defendant’s failure to sound her horn, in violation of G.S. 20-174, was negligence per se.

In its instructions to the jury regarding negligence of the defendant, the trial court charged the jury as follows:

Now, members of the jury, as I discuss with you the contentions of negligence and contributory negligence, I will tell you when an act or omission would be negligence within itself, or, on the other hand, when the reasonable person test should be applied.

As to the duty to sound the horn, that is a…