Bird v. Hart

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 equipment and the maintenance thereof, and he has a statutory duty to maintain the brakes in good working order at all times. Ordinary care is not sufficient to constitute compliance. Therefore, the brake…