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Duty of Driver Having Right-of-Way
1986- Tort Liability
C - 3.22
The driver of a vehicle having the right-of-way has a right to assume that the driver of a less-favored vehicle will [obey a stop sign guarding the entry to a through highway and] respect the right-of-way of the favored vehicle. This right is one that must be exercised reasonably and not recklessly. Accordingly, the driver of the favored vehicle must keep such look-out for other vehicles, [persons, and things] as a person of ordinary prudence would have under similar circumstances.

The driver of the favored vehicle may not continue to rely upon the foregoing assumption after circumstances arise from which a person of ordinary prudence would conclude that the driver of the less-favored vehicle was about to disregard [the stop sign and] the favored vehicle's right-of-way.

Whether the conduct of the driver of the favored vehicle was reasonable or negligent in the light of what the driver saw or should have seen is a question of fact for you to determine.
 
Kelmis v. Cardinal Petroleum Co., 156 NW2d 710 (ND 1968)
Heid v. Shafer, 140 NW2d 584 (ND 1966)
Knutz v. Stelmachuk, 136 NW2d 810 (ND 1965)
Anderson v. Schreiner, 94 NW2d 294 (ND 1959)
Saterland v. Fieber, 91 NW2d 623 (ND 1958)
Umland v. Frendberg, 63 NW2d 295 (ND 1954)
Zettle v. Lutovsky, 7 NW2d 180 (ND 1942)


(2002 - reviewed with no changes)