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BIRD v. HART

Nos. 38690 and 38691.

2 Ohio St. 2d 9 (1965)

BIRD, APPELLANT, v. HART, APPELLEE. (Two cases.)

Supreme Court of Ohio.

Decided March 31, 1965.

Attorney(s) appearing for the Case

Mr. Frank J. Longano, for appellants.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. Don Burk-holder, for appellee.

Per Curiam.

In running into the vehicle ahead of her, defendant failed to stop within the assured clear distance ahead, in violation of the specific requirements of Section 4511.21, Revised Code. Unless her conduct was legally excused, such violation constituted negligence per se.

Under the authority of Spalding v. Waxler, 2 Ohio St.2d 1, the operator of a motor vehicle has control over its brake...

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