Erdman v. Mestrovich

The Court of Appeals reversed the judgment of the trial court on the sole ground that it refused to charge the jury upon the assured-clear-dis-' tance-ahead rule set forth in Section 6307-21, General Code.

Apparently the Court of Appeals took the view that if there was any evidence that the defendant entered the intersection on the red light or was otherwise proceeding in an unlawful manner, the assured-clear-dis*90tance rule would apply and should have been covered by the charge.

In the course of its opinion the Court of Appeals said:

“Although plaintiff became confused on the witness stand, his…