The Evening critic., 1884-03-04
THE LAW OF THE ROAD.
A Heavy Fine for Running Over
md IniurIng u PeheStrlaM.

"What public service has your frlond Smell
performed today" was tho greeting Bill re-
ceiyed from the news editor when he returned
from the performance at the Temple of j us
tlce.
"Judge Smell is tho man right after my own
heart, and have Just made up my mind that
II that little engagement OF mine that men.
III name my first boy william b. as an evil
donce OF
MY Admiration of tho 5uiige.''
swell, In what sort OF a case did he I'm.
mortallze himself to.day?"
"a reckless driving case. have found out
by close observation that the Intensity OF his
hatred is bestowed In the following orderi
wife-beaters, burglars, reckless drivers,
There was good case made out on this fell
low, and he just
Got on His Ear and H0wIed."
"Let us have 1t thon."
"a young man named Thomas j. Frltz was
put on trial for assaulting Mrs. Bridget Dono-
van, an old woman about go years OF ago. She
stated that the assault occurred last October
and that she has been In the hospital since,
and is just able to get around again, her In
1uries were 80 severe. She stated that she
was crossing Bridge street, In West Washing
ton, and che was knocked down and run oyer,
and she remembered nothing more. John Glea-
son testified that about 1850 o'clock on the
evening In question he noticed two heavy OK
press wagons coming down Bridge street at
A Pretty Good Rate OF SDeed,
and the driver OF tho first wagon called out to
the old lady and passed her, but the horses of
the second wagon knocked her down aud raE
over her. John Cumberland stated that the
lady was walking very slow. Several other
witnesses were heard, and the only new fact
ELECTED was that the wagon had no brakes.
The defendant stated that nt the time OF the
accident he was working for Knox'5 Express
Company. Ho stated that.he did his best to
stop his horses, but he was going down the hill
and having no brake on his wagon no could
not check up very quick. He also stated that
IL WINS Dark and HE lHaiiOoed To Her.
"On cross-examipation he said that his wag-
on was heavy one for hauling safes, and
his horses could not walk down the hill With
such wagon. Counsel for the defense di.
rected line OF questions to show that Mrs.
Donovan was careless or 10 an intoxicated
condition, and walked In the way OF the toa N.
'There Is no priority OF rights IN these case.,
interjected the Court There has been n great
GRITTY Of rights. The rule of law requires
both parties TO exercise ordinary caro-. Foot
passengers must look out for the carriages and
the drivers OF carriages for tho foot passen'
gers.'
"rhe Court read several authorities IN
which the courts held that where the injured
parties wero Intoxicated, and children, tha'
the defendant would be liable, unless It was
tirely 10 the carelessness OF the Injured party
in this case,' said he, 'there were two heavy
express wagons. ono OF them had no brake
Now, IT Ia an element Of ordinary care for the
driver, when he knows he has no brake, TO
80 Regulate His Team as 10 Not IN
jurc Any One.
But II by voluntary intoxlcatlon a person gets
injured the driver cannot be held 10 so strict
accountability. In this case tho defendant
was bound TO know that tho old lady was In
tho street, and he was guilty Of criminal neg,
llgence and would be fined 800. An appeal
Maa noted"