§49.18 Waiver of Right of Way

The Case: Minton v. Gobble , 304 S.W.2d 337 (Tenn. App. 1957).

The Basic Facts: Byrd was driving south in the outer (west) lane. Minton was driving north in the inner lane. Minton signaled to turn left across the two south-bound lanes. Byrd slowed to allow Minton to turn, but Minton remained at a stop, so Byrd proceeded down the road. About 50 feet before Byrd reached the spot Minton was stopped, Minton suddenly pulled in front of Byrd, causing an accident.

The Bottom Line:

• "It is argued for defendant Minton, however, that when Byrd approached, and saw Minton signaling a left turn, Minton acquired the right-of-way, and it became the duty of Byrd to yield the right of way to Minton, under 1950 Code Supp. section 2700.8(b)." 304 S.W.2d at 340.
• "Even if Minton had the right-of-way under this statute, it would seem that he waived such right when he stopped and lead Byrd to believe he meant for Byrd to pass. The statutes regulating the right-of-way do not cover the whole duty of motorcyclists. In addition to the requirements of the statutes, the motorist has a common law duty to use ordinary care to avoid endangering or injuring another upon the highway, and the jury could well find that Minton breached this duty and was guilty of negligence. Maxwell v. Kirkpatrick, [116 S.W.2d 240]; Southern Coach Lines v. Haddock, [194 S.W.2d 347]." Id.

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