Smiley v. Arrow Spring Bed Co.

The important question in this case is: Did the plaintiff in operating his automobile at the time of collision with the defendant’s truck violate Section 12603, General Code, which provides that “no person shall drive any motor vehicle in and upon any public road or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead”? If he did violate this statute, his contributory negligence in that respect precludes his recovery in this action.

In 1928, before the adoption of the assured-clear-distance-ahead statute in this state, this court in the…