This section contains the nature of the case and procedural background.

Structural Metals' (D) truck attempted to pass a car within 100 feet of an intersection. The car turned left at the intersection, and the D's truck hit the car. A criminal statute prohibits drivers from driving their vehicles on the left hand side of a highway within 100 feet of an intersection. Ps sued D from the accident that occurred where an automobile in which three people were killed, including Mrs. Impson, and two others were injured. D attempted to pass the car within a prohibited distance of a highway intersection. D was sued for injuries. A statute prohibited passing within 100 feet of an intersection, and the jury found that D had passed within 100 feet of the intersection. The trial court viewed the violation of the statute, as negligence per se; and it entered judgment for Ps. The Court of Civil Appeals agreed that violation of the statute was negligence per se; but since evidence of justification or excuse was introduced, it became the duty of the trial court to submit (and the duty of Ps to request) a special issue on negligence. It ordered a new trial and P appealed.

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