
    No. 813
    LEAMON v. STATE
    Ohio Appeals, 9th District, Lorain County
    No. 267.
    Decided Nov. 2, 1923
    47. AUTOMOBILES.
    The limitation of ten tons prescribed for motor vehicles by 7246 GC. applies to a combined trxui and semi-trailer. ■■
    Attorneys — Newcomb & Hord and Fauver ax Cheney, for Leamon; Weber & Symons, Pros. Atty: and C. C. Crabbe, Atty. Gen., and Hubert D. Mill Special Counsel, for State.
   PARDEE, J.

Epitomized Opinion

Leamon was convicted, before a justice, for the violation of 7246 GC., which makes it penal to operate certain vehicles weighing over the maximun prescribed weight therein over the public highways bridges, etc. It was charged that he operated £ vehicle consisting of a tractor-truck with a semi trailer attached, the combined weight of the tw< exceeeding the ten tons maximum prescribed b; the statute.

By the evidence, the tractor was shown to be ; four-wheeled vehicle, not adapted to carrying a load independently, but was used with the semi-traile to furnish power to- pull the same. The trailer ha< a box thereon, its front resting on the tractor, an its two wheels at the rear. Thus attached, th whole rig weighed more than ten tons, but neithe part alone was excessive. The conviction was sus tained in the Common Pleas, and in affirming thi decision, the Court of Appeals held:

That inasmuch as the statute does not defin these vehicles, it becomes necessary to determin their meaning from their usual use and the objec and purposes of the statute; which it did as follows

“A trailer is a separate vehicle which is nc drawn or propelled by its own power, but which drawn by some independent power.”
“A semi-trailer is a separate vehicle, not draw or propelled byl its own power, but which to be usi ful must be attached to and become a part of anothi vehicle, which then loses its identity as a separai vehicle.”

From these definitions, it was held that it follow that when a semi-trailer became attached to tl tractor they became one vehicle with six whee and subject to the limit by law of ten tons.  