St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-27
BIKES HAVE RIGHTS
On the Highways Equal to
Those Of Vehicles Drawn
by Horses.
JUSTICE BUCK SARCASTIC.
Cannot Be Prohibited Because
Not Used in the Garden
of Eden.
LOWER COURT AFFIRMED.
Certiorari Will Not Lie Till
After Final Decision Of
Lower Court.

The supreme court yesterday handed
down decisions in eight cases, two OF
which were written by Justice Buck
and the remaing six by Justice Mitch
ell. In the case of n. A. Thompson,
appellant, against W. NJ. Dodge, re-
spondent, the court affirms the decision
of the lower court, and in the opinion
the court expresses itself quite force.
fully Oh the equal rights of people
travelling public thoroughfare,
whether they be driving or travelling on
a bicycle. A portion of the opinion
follows:
IA bicycle is vehicle used now very
extensively for conveyance. recreation,
pleasure and business, and the riding of
one upon the public highway in the
ordinary manner as is now done is
neither unlawful nor prohibited, and
they cannot be banished because they
were not ancient vehicles and used in
the Garden of Eden by Adam
and Eve. Because the plaintiff
chose to drive horse hitched
to carriage does not give to him the
right to dictate to others their mode of
conveyance upon public highway,
where the rights of each are equal. The
travelled grade where the parties met
was from ten to twelve feet wide, giving
ample room for the parties to have
passed each other"
In conclusion the court says: "The
pleading and proof of custom as to
parties approaching each other on the
grade where this injury resulted are SO
wanting in stating and proving all
essential elements necessary that we
need not discuss this question"
The Judgment appealed from is
affirmed"
The syllabus and title follow:
N. A. Thompson, appellant, VS.. W. NJ. Dodge,
respondent. Judg ment affirmed.
BUCK, ].
Syllabus. A highway is intended for
public use, and person driving horse
thereon has no right superior to those
of person riding bicycle.
2. A bicycle is vehicle, and riding
one in the usual manner as is now done
upon the public highway, for conven-
fence, recreation, pleasure or business,
is not unlawful.
8. A person cannot be made to pay
damages for his acts unless they were
done in such manner and at time
which show that he was acting in disre-
gard of the rights of others.
Other Decisions.
The sylIabiin the other cases read as
follows:
State of Minnesota ex rel. City of Duluth,
The City of Duluth, petitioner Writ
quashed. BUCK, j.
Syllabus-A writ of certiorari will not
lie until there has been final decision of
| the matter by the court before whom 1t
| is pending, and against which court the
| application asks that it shall be issued.
James G. Freeman. respondent, VS.. Ella
| B. Lawton ct al, defendants: Ella B, Law
ton, appellant. Order affirmed.
MITCHELL, j.
Syllabus-Evidence held sufficient to
| justify finding that husband had
| authority from his wife to accept in her
| behalf a conveyance of land.
Fred Hencke. respondent, vs. William Z.
Twomey ct al, appellants. Judgment
| affirmed. MITCHELL j.
An action against a stockholder in a
corporation to recover OH his personal
| liability, under the statute, for corporate
debtS,is one ARISING on contract" with-
| iu the meaning of g. S. 1866, CHI. &c,
| sec. 40.
Where jurisdiction is obtained In an
| action against nonresident by attach
ing his property and publishing the
summons, the attachment lien is not
waived or lost by entering a general
money judgment and issuing a general
| execution, where the attached property
| is sold on the execution.
William Townsend. respondent, Vs. Samuel
NJ. Rich, doing business as the Minneapolis
| Cold Storage and Freezer Company. appel
| lanI Oroer amrmed. MITCHELL, j.
SyIlabus-Evidence held to justify the
| verdict.
The Minnesota Agricultural Company ID
| corporation), respondent, vs.. The North.
| western Elevator Company Ia corpora.
tom, appellant. Order reversed.
| MITCHELL, J.
| Syllabus - Under General Statutes
1878, chapter 80, section "a, az amended
by Laws 1858. chapter IS. a village is nc