Cerny v. Domer

This cause gives rise to two questions to be answered by this court: (1) "Whether, in view of the testimony presented by the plaintiff, the trial court could properly find the plaintiff eontributorily negligent as a matter of law for failure to maintain a proper lookout; (2) whether the assured-clear-distance-ahead provision of Section 4511.21, Revised Code, is rendered inapplicable by virtue of the defendant having been in the act of backing his automobile at night in plaintiff’s lane of travel just prior to the time of the collision.

*120The first question can be answered only by reviewing the…