California, United States of America
The following excerpt is from Spriesterbach v. Holland, 155 Cal.Rptr.3d 306, 215 Cal.App.4th 255 (Cal. App. 2013):
The court reached a similar result in Wilkins v. Sawyer (1965) 232 Cal.App.2d 458, 42 Cal.Rptr. 817 ( Wilkins ). There, a collision occurred between the plaintiff, who was driving on a public road, and the defendant, who entered that road from a private driveway. The drivers sued each other for negligence, and the jury returned a general verdict denying relief to both drivers. Plaintiff appealed, contending that defendant was guilty as a matter of law of an unexcused violation of section 21804, which then provided as follows: The driver of a vehicle about to enter or cross a highway from any private property, or private road or driveway or from an alley not exceeding a width of 22 feet or from any alley as may be defined by local ordinance shall yield the right-of-way to all vehicles approaching on the highway. ( Id. at p. 462, fn. 1, 42 Cal.Rptr. 817.)
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