Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1888-06-26
ThnLAw nf thn Rond.

The Law OF tho Road.
Its ge eral rule that Que who falls 10
use ordinary care In riding or driving. is
liable for all damages oecssloned thereby.
Thstis, be must use such care a. should
be used by . person riding or driving 10
prevent an accident IL l. no defence 10
an action 10 recover damages for Sn injury
received nom the running OF the defend
ants horse against the plsiniir on pub
Tic highway. that the person iuJared was
In an unlawful use OF the highway, protid.
ed, however, no negligence or want OF
ordinary care on his part, contributed 10
his injury. one who undertakes To drive
. cArriAgr In crowded street must exef-
else . diligence proportlouste 10 The dan
/ ger connected with that undertaking.
/ driver who sees q child lacking discretion,
/ In the street. should exert more care 10
avoid doing an injury, than he shonld use
/ Tor the safety OF person whose presumed
age and experience wonld prompt him 10
take steps necessary for bis own security.
/ Persons who are driving over crossing
fof foot passengers, should drive slowly
and very carefully. % avoid doing any
/ In ay. Driving ina public street NJ the
/ rate OF mile In three minutes, when The
/ city ordinances limit driving To q mile In
In eleven minutes, IL suiiisient To charge
the driver. and this fact may be shown In
trial Tor an injury occAslonei thereby.
In order IN AVOID . collision, q driver is
bound 10 observe the usAgss OF The road
In passing other vehicles. The Enghsh
rule IL. that In meeting, each party shall
keep ~ The len, bat the rule In this eoun'
Try i TIA, each party shall keep TO The
right Ia collision occurs between two
vehicles. the driver through whose negll'
gence u occurred l., OF course, responsl'
| bic Tor The conssq q1ence-, bat an schon ior
damages 90 occAsioned cannot oe main
tAlbed u The negligence OF The Injured per-.
sou contributed in any ~Ay toward oaus
| Ing the irIary. A person. however, must
use ordinary caution 10 be In The right.
al no, cast himself upon "a distraction,
,Aus. for instance, n one be riding upon
wh.i 1. considered the wrOng side OF the
/ road. IA would not be jnsiihAble for anoih'
er 70 ride up against him, FOR q persons
| bslng In f.glg will not dispense with
anothsr's uslug ordinary care OF himself
when TIE plalntf. while Walking on
the Sidewalk, was alarmed by The defend.
ants cypress wagon driving rapidly y? De-
hl.i her, - near a. 20 give Der reason 70
believe that she WAS In danger, and IN
.prlnging % ore side struck and wocnd.
81 herself agalus, . slie wall, i held |
that the driver of the wagon Was liable TOT |
The injury. it IL an Instance of culPAhlc |
negligence 20 whlp violently, While close |
hshini another, horse which has shown |
Itself violent; or 10 ride OF drive al snch /
rapid speed As will rvnder u lmpossiol" to |
check TIE horse ln time % avoid obstacles /
which may reasonably be anticipated on /
The way, Or turn 10 aside upon meeting or |
passlng other travellers who are hem'
.slve. acting pruisn,lyi or 20 pat spurs |
- The horse when near any pcrron or 10 |
aIowA horse and vehicle - 20 unAiicnd' /
si In The hlghwAy. and reckless ani noisy |
driving that - frightsns . horse on or /
near the Highway that be runs away, 10 |
A. irfary OF the owners property, u
.ctiouabie negligence, althOngh no COLL |
.iou occurred. so when The owner has
notice that bis horse. when a. large, IL IN |
ths habit % running AMI kieking upon The |
street. II 1. such negligence IN turn him |
loose In The streets % = city a. viii rvnder |
him liable for any lnlary done 10 persons
or property by such hofse. When hofss |
not properly secured, IL frighisned snd |
runs away, the neglect OF The owner ~ |
eu.rd against such accident, rcniers him
liable for The consequences, A. Vel ~ the
per.ou causing the fright, and negligence
In fastening him may reasonably % ID
fsrrri from ths fact that the horse GOT
loose and rsn away; bat II the horse fans
away without say negligence of The driver
he IL not answcrAble for The injafy theteny
ocossionei, not 4. The owner OF hoIse
u.ble for irIarie. done by II merely from
virlouspes.. While being driven by hin or
MI. servant, unles. IL appears be hsd notice
81 his yicloas disposition. The fact that
he driver OF horse drives him, or stops
hin within nfty fcei ofa rAllrosd crossing
,nt TIA, the horse. frightened by the noise
~ . trsln. runs away and lriurc- person,
do.s not of Itself, a. . matter oflAv, show
var, of due care on the part OF The driver
ifsn accident IL cAusei by defective We
| hicle OF harness, this IL negligence 10 tnc
owner. n the defect was known, OF ought
| 20 have been Known by him, thus mas
/ ,ef 4. liable lor an accident 10 consequence
az the chain stay Of = cart breaking, aud
the horse belBg frightened, runs away, 10.
n.sussbce lies In his not having gOoo
/ t.csle. If master employ . known
drunkard. through whose negligence,
vhlls drunk an iuiary Il done - another
| The master l. liable.
A psr,on who has before him the whole
,,,a free from obstacles, and having no
| notice % any vehicle behind him In season
/ "a TOO or change his course, Is N liberty
/ 20 use any part of the road be pleAses, oai
a. We have before seen, II is 81 almost
| Universal rule in thl. country for travellers
/ to turn % the right when meeting. N pfAe-
| tic ale. And this rule is enforced oy statute
/ in many oi the states. so Tar a. II re-
meet. travellers In vehicles or on horse
b,ek. the statute usually prescrioes that
travellers shall pass % the right OF Tie
/ centre OF the road. which has been con.
struei 20 mean the uaveled or worked
part OF the road
not the law OF the ROAD, as II Il termed,
does not apply TO = building which Is be-
ing moved through puoNe highway so
| too. a traveller on foot or on hofseosek'
cAnno. compel teAmster, Nho mas =
/ heavy load, 20 leave the beaten uAek' u
there IL sufficient room 10 pass without
bis dolng so, and this rule also applies 70
psrson on horseback, who meets q ougJ
/ carving three persons, drawn by sslngle
horse, when q public Way u lmpassloie,
ana when the act IL done A. The only neshs
of sxtric cAiiug team from mud hole, the
pulllng down OF . fence AZ the side OF the
way, And passing over the Adl )lnlng lsnn'
il a necessary And Jasthiole act Inc
rule requiring travellers To turn 70 the ngh'
does not apply 10 one driver seeking 10
nxss another, nor In favor OF persons
crossing or turning into the road, when
Two persons, each without any better
rlsht than the Other, strive 10 occupy ihe
ssme place In The highway, he Is Ia the
xrons Who irsi uses force. Highways
NAV properly be used for other purposes
than the accommodation OF the puo'e
,r,yel. provided such use be noi incon.
.i.,snt with the reasonably free passage of
an. public over them. Thus the streets OF
,tosn nav be used for the temporary de-
oo.i, OF good. In their transit 10 the store
hou.e. or for wharfage, regard being paid
20 eylden, OH ct and parpcse. IL has
he,n held that 10 leave horse fastened
only by strap, and walt while the wagon
IL bseked % 10 the sidewalk TO BE- loaded.
Although thereby the team extends hall
r,y across the road. and IL liable TO be bit
bya runaway, 10 not, S msrer ofla
negligence, ani the owner OF thetesm may
msluiain an action against one who In
isr,s The horse By negllgsnily driving
wagon against Il. when by exercising
rnore care he might have avoided doing
so, ana the same IL true although tne
s,iy,r l. on the wrong side OF the roAh, ~
| -t,t -, sxeaaa another for negllgenty