Opinion

City of Kettering v. Greene

  • 9 Ohio St. 2d 26
  • 38 Ohio Op. 2d 15
  • 222 N.E.2d 638
  • 1966 Ohio LEXIS 287
Court
Ohio Supreme Court
Filed
Dec 28, 1966
Status
Published
On the bench
Brown, Herbert, Matthias, Neill, Only, Schneider, Taft, Zimmermak
Cited by
8 cases
Authority
More cited than 84.2%

The opinion

Per Curiam.

Defendant contends that he had no intent to commit the offense, that he did not voluntarily do the act charged, and that failure of the foot brakes was the cause of his failure to stop.

Defendant did not drive the same bus everyday but took whichever bus was assigned to him. The bus he was driving on the day in question appeared to have good brakes which worked properly until he applied them in an attempt to stop where the violation occurred,

*27 Tlie statutory requirement as to stopping in obedience to a stop sign is specific and mandatory. Brake failure is not a legal excuse for failure to comply.

The judgment of tbe Court of Appeals is reversed on authority of State v. Kotapish, 171 Ohio St. 349 . See, also, Spalding v. Waxler, 2 Ohio St. 2d 1 ; Kehrer v. McKittrick, 176 Ohio St. 192 ; and Stump v. Phillians, 2 Ohio St. 2d 209 .

Judgment reversed.

Taft, C. J., Zimmermak, Matthias, O’Neill, Herbert and SchNeider, JJ., concur.

BrowN, J., concurs in judgment only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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