Buckeye Stages, Inc. v. Bowers

The majority' opinion states that a violation of Section 6310-21, General Code, constitutes negligence per se. In other words it is asserted that the classification recognized in the decisions of this state is not applicable to this section. To be specific, such penal statutes are divided into two general classes: First, those which make penal the doing or refraining from doing a definite act, and, second, those which make penal the failure to observe a general rule of conduct. A violation of the former class of statutes constitutes negligence per se, and a violation of the latter negligence…