
    Moore, Appellant, v. Siebelt, Appellee
    (No. 39750
    Decided April 20, 1966.)
    
      
      Messrs. Smith, Clark é Holsapfel, for appellant.
    
      Messrs. Gingher S Christensen, Mr. Richard J. Brentlinger and Mr. Malcolm L. Miller, for appellee.
   Per Curiam.

Defendant failed to comply with the assured-clear-distanee-ahead provision of Section 4511.21, Revised Code. An emergency caused by tire failure cannot serve as a legal excuse for such noncomplianee. 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.  