Sebastian v. Horton Motor Lines

There are a number of exceptions appearing on the record, but we deem it unnecessary to consider them seriatim as rulings upon the following will suffice to dispose of the present appeal.

First: Was it error for the court to instruct the jury that if the driver of defendant’s truck failed to stop at the “S T O P” sign on Benbow Road before entering the intersection with Washington Street, a through highway, “under the law that would be negligence per se, or negligence in itself”? The law as presently written answers the question in the affirmative.

It is provided by ch. 407, Public Laws 1937,…