Jenkins v. City of Alexandria

TATE, J.,

dissents: The City’s violation of its duty to maintain the visibility of the stop sign was the proximate cause of the accident. As against the city which created the risk, the motorist’s conduct in proceeding into the intersection does not bar his recovery. The trial court’s determination of his freedom from negligence is not manifestly erroneous.

CALOGERO, J., dissents from refusal to grant this writ.