Shapiro v. Butts

99 N.E.2d 173, 155 Ohio St. 407, 155 Ohio St. (N.S.) 407, 44 Ohio Op. 381, 1951 Ohio LEXIS 663
CourtOhio Supreme Court
DecidedMay 16, 1951
Docket32312
StatusPublished
Cited by3 cases

This text of 99 N.E.2d 173 (Shapiro v. Butts) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shapiro v. Butts, 99 N.E.2d 173, 155 Ohio St. 407, 155 Ohio St. (N.S.) 407, 44 Ohio Op. 381, 1951 Ohio LEXIS 663 (Ohio 1951).

Opinions

Stewart, J.

The question before us is whether the trial court was correct in charging the jury to the effect that defendant was entitled to disregard the stop sign on Fulton street just west of Eighteenth street, for the reason that the letters on such stop sign were only five inches in height.

Eighteenth street was, by ordinance, designated a through street, and the stop sign was erected on May 22, 1939, and has been there continuously since. On that date the authority of a municipality to create additional main thoroughfares was conferred by former Section 6310-32, Genei’ai Code (114 Ohio Laws, 161), which read:

“Local authorities shall have the right to designate by ordinance or resolution additional main thoroughfares and to designate what vehicles shall have the right of way at intersections of main thoroughfares; provided, however, that legible and appropriate signs be erected along the roads and highways intersecting such main thoroughfares, and that such signs outside the corporate limits of a municipality, shall [411]*411not bo nearer than one hundred feet from such intersection. ’ ’

The sign which was on Fulton street the evening of the accident with which this ease is concerned met the specification of the statute that “legible and appropriate signs shall be erected,” and Eighteenth street became a main thoroughfare and continued to be so unless the Uniform Traffic Act, which became effective September 6, 1941, destroyed the effect of the ordinance which had made Eighteenth street a main thoroughfare.

It is claimed by defendant that the provisions of the Uniform Traffic Act which are applicable to this case are Section 6307-6, parts of Section 6307-7, and Section 6307-63, General Code.

Section 6307-6 reads:

“The provisions of this act shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this act unless expressly authorized herein.”

Section 6307-7 reads in part:

“ (a) The provisions of this act shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from—

l i % % *

“6. Designating any highway as a through highway and requiring that all vehicles, trackless trolleys and streetcars stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles, trackless trolleys and streetcars to stop at one or more entrances to such intersection ;

i Í * * *

“ (b) No ordinance or regulation enacted under sub[412]*412divisions 4, 5, 6, 7, or 9 of this section shall be effective until signs giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate. ’ ’

Section 6307-63, which is claimed by defendant to contain the crux of the question involved in the present case, reads:

“(a) All state routes and all sections of streets and highways on which are operated streetcars, trackless trolleys and other electric cars, or motor coaches for carrying passengers for hire along a fixed or regular route under authority granted by the municipal corporation in which such route lies, are hereby designated as through highways provided that stop signs shall be erected at all intersections with such through highways by the state highway department as to highways under its jurisdiction and by local authorities as to highways under their jurisdiction; provided, however, that where two or more through highways intersect and no traffic control signal is in operation stop signs shall be erected at one or more entrances thereto by the department or local authorities having jurisdiction.

“(b) The department with reference to state highways, and local authorities with reference to other highways under their jurisdiction may designate additional through highways and shall erect stop signs on all streets and highways intersecting such through highways, or may designate any intersection as a stop intersection and shall erect like signs at one or more entrances to such intersection.

“(c) Every said sign shall bear the word ‘stop’ in letters not less than six inches in height. Every stop sign shall be located as near as practicable at the property line of the highway at the entrance to which the stop must be made, or at the nearest line of the cross[413]*413walk thereat, or, if none, at the nearest line of the roadway.

‘ ‘ (d) Every operator of a vehicle, streetcar or trackless trolley shall stop at such sign or at a clearly marked stop line before entering an intersection except when directed to proceed by a police officer or traffic-control signal. ’ ’

It is contended by defendant that, since the Uniform Traffic Act provides that a municipality can designate a through highway but must erect stop signs on all streets and highways intersecting or entering such through highway, and that every such sign must bear the word, “stop,” in letters not less than six inches in height, Eighteenth street was not a through street on the day of the collision in which plaintiff was injured.

In reversing the judgment of the trial court, the Court of Appeals was of the opinion that with reference to the designation of through streets by a municipality the Uniform Traffic Act was not retroactive and that main thoroughfares which had been duly designated as such under former Section 6310-32, General Code, remain so as long as the stop signs are legible and appropriate even though the letters are less than six inches in height.

We are of the opinion that the reasoning of the Court of Appeals is correct.

It will be noted that Section 6307-6 provides for the uniformity of the traffic act and that no local authorities shall enact or enforce any rule or regulation in conflict therewith. It is a reasonable interpretation of such provision that no regulation or rule in conflict with the Uniform Traffic Act can be enacted and enforced after the effective date of the section. The same reasoning is applicable to Section 6307-7.

We agree with defendant as to the construction of the words, “most appropriate,” in paragraph (b) of [414]*414Section 6307-7 in that they are applicable to the location rather than to the design of the sign. However, that has no bearing upon the question whether the designation of through highways by local authorities under the Uniform Traffic Act has a prospective and not a retroactive operation.

Section 6307-63, paragraph (b), provides for the designation by local authorities of additional through highways and the erection of stop signs on all streets and highways intersecting such through highways. It is contended by defendant that the additional highways refer to those in addition to the ones provided for in paragraph (a) of that section. However, it can well be argued that the word, “additional,” refers to highways already'in existence, as the General Assembly, if it had meant otherwise, might better have used the word, “other,” rather than, “additional.”

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Shapiro v. Butts
99 N.E.2d 173 (Ohio Supreme Court, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
99 N.E.2d 173, 155 Ohio St. 407, 155 Ohio St. (N.S.) 407, 44 Ohio Op. 381, 1951 Ohio LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-butts-ohio-1951.