Morning journal and courier., 1885-12-11
The Night of Way.

upon common law and ought to be 1ndef- stood by everyone who drives, is not thor oughly familiar to the people. MT. Burton NJ. Potter, of Worcester, in 8 recent ad- dress before the Massachusetts State Board of Agriculture, gave an exhaustive review of the right of way, and we give few ex- tracts therefrom:
 "Among other things he spoke of the law of the road, the passing to the right when going in opposite directions and the passing to the left when going in the same direction. Among these are statutory rules, yet they are not infexible; in the crowded streets circumstances may arise where 8 de- viation will be not only justifable, but absolutely necessary. But in deviating one must show that it was proper and reasona- ble to do so under the circumstances or else he will be answerable for all damages When there is occasion for one driver to pass another going in the same direction the foremost driver may keep the even tenor of his way in the middle or on eith- side of the road, provided there is suffi- eient room for the rear driver to pass by; but if there is not sufficient room it is the duty of the foremost driver to afford it by be practicable; but if not, then the object must be deferred till the parties arrive at
  ment. If the leading traveller then willfully refuses te eomPlg he makes himself liable traveller suffers damage in consequence of the delay A light vehicle may turn out and leave all the road to heavy team, but it is an act of courtesy and not requirement of the law. A traveller in common carriage may use the track of street railway when the same is not in use by the company, but the company is entitled to the unrestricted z +l ;1e oil and then such traveller must keep off the track or else he renders himself liable to in Cictment. In England the law of the road applies as we'll to equestrians as to travellers by carriages, but the statutes here silent on the subject. By common consent and usage an equestrian is expected to yield the road, or good share of it, to vehicle. A public throughfare is a way for foot passen- gers as we'll as carriages, and a person has right to walk on the carriage way if he pleases. Persons walking in the roadway are entitled to the exercise of reasonable care on the part of persons driving. But 1t should be borne in mind that what is proper on country road might not be in the crowd ed streets of a city. A man traversing crowded thoroughfare with edged tools or bars of iron must take especial that he does not cut or bruise others; such man would be bound to keep a better lookout than the man who merely carries an umbrel ld, person who has nothing. Footmen have a right to cross a highway on every proper oc- casion, but when convenient they should pass upon crosswalks and should look out for teams, for it $ as much their duty to look out for teams as it IS the duty of the driver to be vigilant in not running over them. The law of the road as to the meet ing of vehicles does not apply to them; they may walk upon whichever side they please.
 It is not one of the legitimate uses of the highway for a traveller or loafer to stop in front of your house to abuse you with black guardian, or to play tune or sing song which is objectionable to you; and if you request him to pass on and he refuses to go you may treat him a trespasser and make him pay damages and costs. And likewise if any person does anything on the highway in front of your premises to disturb the peace, to draw a crowd together, or to ob- struct the way, he is answerable in damages to you and liable to an indictment.
 Don't drive animals affected by conta- gious diseases in the public way or allow them to drink at public watering places; the common law allows man to keep on his own premises horses afflicted with foot-rot, or other domestic animals afflicted with any kind of diseases, provided he guards them with diligence and does not permit them to escape on his neighbors' land or the public ways. A man knowing the existence of con- tagious disease among domestic animals, and not informing the public authorities of such disease, is liable to a fine of five hundred dollars or imprisonment for one year. The law requires at least three bells attached to a sleigh.
 Any traveller either riding or walking peacefully, who is suddenly assaulted by dog, whether licensed or not, may legally kill him. Every dog that has the habit of bark ing at people on the highway is liable any day to subject his owner or keeper to large liabilities, for if he frightens horse by leaping or barking at him in mere play, and the horse runs away or tips over the vehicle, the dogs owner or keeper is responsible for double the damages thus caused
 Howard c. Smith, chairman of the con- mittee of strikers at the Derby Silver com pany, has been fined s10 and sentenced to 30 days in jail for assault on two boys now in the emnloYmeut of the compauY.