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MOORE, APPELLANT v. SIEBELT, APPELLEE

Negligence — Motor vehicles — Rear-end collision — Violation of assured-clear-distance-ahead statute — Section 4511.21, Revised Code — Emergency caused by tire failure — Not legal excuse for failure to comply with statute.

Per Curiam.

Defendant failed to comply with the assured-clear-distance-ahead provision of Section 4511.21, Revised Code. An emergency caused by tire failure cannot serve as a legal excuse for such noncompliance. The trial court was in error in charging the jury on sudden emergency. The judgment of the Court of Appeals is reversed. Stump v. Phillians, 2 Ohio St.2d 209; Bird v. Hart, 2 Ohio St.2d 9; Spalding v. Waxler, 2 Ohio St.2d 1. See Kehrer v. McKittrick, 176 Ohio St. 192.

Judgment reversed.

TAFT, C.J., MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.

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MOORE v. SIEBELT
(Apr 20, 1966)