Wooten v. Russell

The first question for determination is: Should defendant’s motion for nonsuit have been allowed? Young Wooten testified that defendant did not stop at the intersection as commanded by the stop signs. While a failure to stop and yield the right of way to traffic on the dominant highway is not negligence per se, G.S. 20-158, it is evidence of negligence, S. v. Sealy, 253 N.C. 802, 117 S.E. 2d 793; Jordan v. Blackwelder, 250 N.C. 189, 108 S.E. 2d 429; Johnson v. Bell, 234 N.C. 522, 67 S.E. 2d 658; and, when the proximate cause of injury, is sufficient to support a verdict for plaintiff.

Defendant…