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LEHMAN v. HAYNAM

No. 34416.

164 Ohio St. 595 (1956)

LEHMAN, APPELLEE, v. HAYNAM, APPELLANT.

Supreme Court of Ohio.

Decided February 29, 1956.

Attorney(s) appearing for the Case

Messrs. Mills & Mills and Mr. Frank Lucas, for appellee.

Messrs. Burt, Carson, Vogelgesang & Burt and Mr. Earl C. Sheehan, for appellant.

STEWART, J.

If defendant was conscious during his driving, up to the point of the collision, he was without question guilty of negligence as a matter of law since he unquestionably violated a specific safety statute in driving his automobile over onto his wrong side of the road. The only difference between negligence as a matter of law or per se and negligence as a matter of fact is that the former is the violation of...

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