Ohio Supreme Court, 1966

City of Kettering v. Greene

Ohio Supreme Court · Decided December 28, 1966 · Brown, Herbert, Matthias, Neill, Only, Schneider, Taft, Zimmermak

9 Ohio St. 2d 26; 222 N.E.2d 638; 38 Ohio Op. 2d 15; 1966 Ohio LEXIS 287

Cases that cite this one

8 later published cases cite this decision.

State v. Campbell (Ohio Ct. App. 1997)
City of Des Moines v. Davis (Iowa 1974)
State v. Baker (Kan. Ct. App. 1977)
Glass ex rel. Knight v. Clark (Ala. Civ. App. 2012)
State v. Yeager (Ohio Ct. App. 2010)
People v. Jones (Mich. Ct. App. 1984)
Kuhn v. Zabotsky (Ohio 1967)
Oechsle v. Hart (Ohio 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Defendant contends that he had no intent to commit the offense, that he did not voluntarily do the act charged, and that failure of the foot brakes was the cause of his failure to stop.

Defendant did not drive the same bus everyday but took whichever bus was assigned to him. The bus he was driving on the day in question appeared to have good brakes which worked properly until he applied them in an attempt to stop where the violation occurred,

*27Tlie statutory requirement as to stopping in obedience to a stop sign is specific and mandatory. Brake failure is not a legal excuse for failure to comply.

The judgment of tbe Court of Appeals is reversed on authority of State v. Kotapish, 171 Ohio St. 349. See, also, Spalding v. Waxler, 2 Ohio St. 2d 1; Kehrer v. McKittrick, 176 Ohio St. 192; and Stump v. Phillians, 2 Ohio St. 2d 209.

Judgment reversed.

Taft, C. J., Zimmermak, Matthias, O’Neill, Herbert and SchNeider, JJ., concur. BrowN, J., concurs in judgment only.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.