holding tire failure cannot serve as a legal excuse for failing to comply with assured-clear-distance-ahead statute
How later courts described this case
- holding tire failure cannot serve as a legal excuse for failing to comply with assured-clear-distance-ahead statute
- dealing with an accident caused by an unanticipated tire blow-out
Written by the judges who cited it.
The opinion
Per Curiam.
Defendant failed to comply with the assured-clear-distanee-ahead provision of Section 4511.21, Revised Code. An emergency caused by tire failure cannot serve as a legal excuse for such noncomplianee. The trial court was in error in charging the jury on sudden emergency. The judgment of the Court of Appeals is reversed. Stump v. Phillians, 2 Ohio St. 2d 209 ; Bird v. Hart, 2 Ohio St. 2d 9 ; Spalding v. Waxler, 2 Ohio St. 2d 1 . See Kehrer v. McKittrick, 176 Ohio St. 192 .
Judgment reversed.
Taft, C. J., Matthias, O ’Neill, Herbert, Schneider and Brown, JJ., concur.