STUMP v. PHILLIANS.

No. 38461.

2 Ohio St. 2d 209 (1965)

STUMP, APPELLANT, v. PHILLIANS, APPELLEE.

Supreme Court of Ohio.

Decided June 2, 1965.


Attorney(s) appearing for the Case

Mr. Ralph L. Humphrey, Messrs. Lane, Huggard & Alton and Mr. Jack R. Alton, for appellant.

Messrs. Wiles, Doucher, Tressler & Martin, for appellee.


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...

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