A statute provides that a driver intending to turn to the left within an intersection shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. The right of way, however, is not absolute but relative, and the duty to exercise care to avoid collisions at intersections rests upon both drivers. The primary duty, however, rests with the driver turning to the left which duty must be performed with reasonable regard to the maintenance of a fair margin of safety at all times.

If the oncoming driver wrongfully, negligently, or unlawfully operates the vehicle in such a manner that it would deceive a reasonably careful driver making a left turn, so as to cause that driver to proceed forward on the assumption that there was a fair margin of safety, and if the driver turning left is in fact so deceived, then the right-of-way rule would not apply in favor of the oncoming driver.

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