Zehe v. Falkner

The basic questions presented to this court are (1) whether a motorist who crosses the center line attempting to pass another vehicle and thereby collides with an oncoming vehicle is negligent per se under the provisions of R. C. 4511.25 and R. C. 4511.29 and (2) whether the trial court committed prejudicial error when it charged the jury as to the defense of sudden emergency.

As to the first question, R. C. 4511.25 establishes a motorist’s right to pass another vehicle. This section provides that:

“Upon all roadways of sufficient width, a vehicle or trackless trolley shall be driven upon the…