McFadden v. Elmer C. Breuer Transp. Co.

156 Ohio St. 430, 103 N.E.2d 385 (1952)

McFadden and his passengers were killed when their car collided with a roll of steel that had fallen off of the defendant’s truck. The defendant claimed that McFadden was contributorily negligent because he violated the assured-clear-distance-ahead statute. The jury returned a verdict for plaintiffs, but the Ohio Court of Appeals reversed and entered judgment for the defendant.

The Supreme Court of Ohio held that defendant failed to produce any evidence that the roll of steel was in the path of McFadden’s car a sufficient distance ahead of him to have made it possible for him to stop the car before colliding with it. The Supreme Court reinstated the trial court’s judgment in favor of plaintiffs.