# Stump v. Phillians

> Ohio Supreme Court · June 2, 1965 · 2 Ohio St. 2d 209

URL: https://www.frixlaw.com/law-library/cases/6753425

## Case

- **Full name:** Stump v. Phillians
- **Court:** Ohio Supreme Court
- **Decided:** June 2, 1965
- **Citations:** 2 Ohio St. 2d 209; 31 Ohio Op. 2d 413; 207 N.E.2d 762; 1965 Ohio LEXIS 526
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Herbert, Matthias, Neill, Schneidee, Taft, Zimmerman
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6753425

## Opinion text

Per Curiam.
An operator of a motor vehicle has control over its brake equipment and the maintenance thereof. He has a statutory duty to maintain the brakes in good working order at all times. Ordinary care is not sufficient to constitute compliance. An emergency caused by brake failure cannot serve as a legal excuse for defendant’s failure to comply with the assured-clear-distance-ahead provision of Section 4511.21, Revised Code. Spalding v. Waxler, 2 Ohio St. 2d 1 , paragraph six of the syllabus; Bird v. Hart, 2 Ohio St. 2d 9 .
Defendant was negligent as a matter of law, and reasonable minds could conclude only that his negligence was the proximate cause of plaintiff’s vehicle being struck. Therefore, the trial court should have directed a verdict in favor of plaintiff on the question of liability and submitted only the question of damages to the jury. Kehrer v. McKittrick, 176 Ohio St. 192 ; Bird v. Hart, supra.
Judgment reversed.
Taft, C. J., Matthias, O’Neill, Herbert, SchNeidee and BROWN, JJ., concur.
Zimmerman, J., dissents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6753425. Public record. Not legal advice.