Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-12
mAnNrNa TO wHUDnarnN
bicycles arc Vehicles ana Their Use Must
1se Confined to the Streets.

DinycirS arc vehicles ana Their Use Must
Be Confined TO the Streets.
AT the weekly meeting of the Board
OF Police Commissioners, on Monday. n
communication was received from Henry
L.. Brown and Lewis Hayden, driver of
the patrol wagon, asking that their sal
aries be increased to the amount paid
patrolmen. 1t was laid over for con
sideration.
The following communication from
City Solicitor Curtis was received:
Gentlemen: have been requested tn
advise your honorable body whether in
my opinion, IL is lawful TO ride bicycle
upon the sidewalks of the city, and beg
herewith to submit my views on the sub.
The ordinance bearing on the subject is
as follows
Tho paved md other loo.ways OF the streets,
lanes and alleys of this city shall BIO kept clear
Ior me saio and convenient passage OF persons
II any person shall wilfuily ride, drive lead
or place horse. or wagon, cart, gig or other
earrlage on the paved or other footway Of any
ior OF ana pny iino OF ten dollars.
The first paragraph clearly defines the
use for which the footways are intended
namely, for the safe and convenient PASS.
age oil persons walking. Certain il Is that
person riding on u bicycle is not a person
walking, and, therefore, the use of the
Sidewalks for such purpose is clearly not a
use authorized by the ordinance.
The second paragraph of the ordinance
relates to the prohibited uses and imposes
penalty for doing the prohibited acts.
Does bicycle come within the meaning
of the word carriage"
In my opinion the legal authorities have
settled conclisively that bicycle is n car
riage or vehicle. 1t was so decided in In
diana by the supreme court in 1859, where
statute similar to our ordinance WAS
under consideration. A bicycle rider rar
into and injured person who was stand
ing on the sidewalk, and the rider was
sued in an action of assault and battery.
The court decided that bicycle rider was
not a foot passenger. that the bicycle was
q vehicle, and that therefore it was nm
lawful to ride on bicycle along the side
walk, and the rider was responsible in
damages to the person injured, whether
he was careful or negligent in his manner
of riding.
Furthermore there are many cases on
record where the courts have decided that
bicycles are subject to the law of the road
rs vehicles are.
These and other decisions, and I find
none to the contrary, are conclusive to my
mind that 1t is unlawful to ride bicycle
along any of the sidewalks of the city, a
bicycle being within the meaning of the
word carriage.
am also clear that the duty Of enforc-
ing the ordinance devolves upon the police
department and not upon the Street and
Sewer Department.
have also been asked by You as to the
rate Of speed Mt which fire engines, &C.,
are allowed to drive through the city.
There is no ordinance prescribing the
rate Of speed of the fire apparatus Of the
city when proceeding to a fire, but thereis
n general ordinance which imposes q fine
upon any person who shall drive or ride
any horse, horses, beast or beasts of burden
in any street, lane or alley of this city at
an 'immoderate gait" This ordinance in
my opinion, applies to the fire department.
What in any given case. is an i'm
moderate, gait is a judicial ques-
ton for the municipal court in each case
that may be brought before it, Yours re-
spectfully, CHARLES NJ. CURTIS,
City Solicitor.
Consideration of the opinion was de-
ferred until next meeting. A number
of bills were allowed.