McDonald v. Kelly

WISEMAN, J,

dissenting.

The plaintiff was driving on a “through highway” and, if proceeding in a lawful manner, had the “right of way.” “Right of way means the right to proceed uninterruptedly in a lawful manner,” etc. Sec. 4511.01 (RR) R. C. Much of the evidence presented was on the issue as to whether plaintiff was proceeding in a lawful manner. This was the principal factual issue in the case. If the plaintiff was not proceeding in a lawful manner, he lost the “right of way.” The driver of a vehicle may lose the “right of way” by driving at a rate of speed greater than is reasonable or…