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WI · jury_instructions

Wis JI-Civil 1153

Right of Way: At Intersection with Through Highway

activein force · 2023-07-01 – presentas-observed

A safety statute provides that the operator of a vehicle shall stop before entering a

through highway and shall yield the right of way to other vehicles which have entered or

are approaching the intersection upon the through highway.1

“Right of way” means the privilege of the immediate use of the roadway.2

The highway on which (operator) was operating a vehicle was a “through highway” as

defined by the statute3 at the time of the collision.

A vehicle on a through highway is approaching an intersection when it is so close to

the intersection that, considering the rate of speed at which it is traveling, it would be

reasonable to assume that a collision would occur if the vehicle which stopped, as required

before entry onto the through highway moves onto the highway and into the path of the

oncoming vehicle.

If you find that the oncoming vehicle on the through highway had entered the

intersection or was approaching it as defined here, it then became the duty of the operator

of the vehicle entering the through highway to yield the right of way to the vehicle on the

through highway.

History

Wis JI-Civil 1153 (7/2023). Release No. 55. Wisconsin Court System, 7/2023. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
1de1c5e2d6da1709b0235912178f692289e7e38637447483111ef9dddd8ac12d
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