Rathburn v. Sorrells

The trial judge instructed the jury as follows:

“When two vehicles approach or enter an intersection and/or junction, at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise provided in another chapter of this law . .

The portion of the charge quoted above is essentially the rule of law stated in G.S. 20-155(a). The defendants argue that this rule of law is not applicable to the facts in the present case and that to so charge the jury was prejudicial error. We agree.

In Shoe v. Hood, 251 N.C. 719, 112…