Middlebury register. (Middlebury, Vt.) 1886-1937, 1894-04-06
JOSEPH BATTELL
MiddleburV, VT.
THE AW OF THE ROAD.

THE LAW OF THE ROAD.
Recently Mr.. Stenton was driving
along a road in the direction of Shelf
field, England, when he met cart
drawn by two horses, in charge of lad,
on the wrong side. The wrong side in
England is the right, just the reverse
of what it is in this country. "There
was ample room," says the London
Field, "for the plaintiff to have driven
past the cart on the left side, leaving
the farm cart on his right; but, so
thoroughly was Nh. Stenton imbued
with the idea that there was some magic
in the near side, that, instead of taking
advantage OF the free passage open to
him on the left, and delivering himself
as he passed of one of those pleasant
little sallies sometimes heard on Occa-
sions like this, Mr.. Stenton, conceiving
it to be his duty to Overtalle the cart ON
the right, nerved himself for the task,
and drove up on the fOotpath on the
right or off side. There was apparently
Insufficient room Efor this maneuver: Il
a collision took place, and Mr.. Stenton's
dog cart and harness were damaged to
the extent of go, which sum he sought
to recover. The Judge having correctly
explained the law, pointing out that
there was nothing to show that any
danger was likely to have Overtaken
Mr.. Stenton had he gone over to his
lido npn-cttifaA rho ,laintin hut
made no order as to COSTS
In commenting upon the decision the
Field adds: "The rule of the road is
nothing more than Il well known ar
rangement made to facilitate traffic, and
to prevent two vehicles from perform
ing sort of pas DE dcur after the fashion
of foot people who often dodge in the
same direction ON meeting. If, there
fore, there be no especial circumstances
rendering the contrary course advisable,
people riding and driving should keep
to the regular side of the road 1t is, or
ought to be, perfectly well known to
riders and drivers that if they meet
man riding one horse and leading an
other, they should pass on the side of
the ridden horse and not on that of the
led one, although the doing so may i'll
volve both parties going to what is the
wrong side. Yet this is not law, it is
merely wholesome precautions and, in
the event of an accident occurring
through non-observance Of the general
rule, the person who chung slavishly to
the near side would not necessarily be
in the right. Nor, again, is il any evil
dence of negligence that "A man is driving
on the wrong side of the road. The
near side may be heavy, or in broken
condition; and, unless going down hill,
no decent cOachman would drive on
heavy ground when a hard surface
presented itself on the other side of the
causeway; no one, for example, would
a few weeks ago have driven on his
proper side of the road when travelling
from Kingston TO Hampton Court. If,
however, whatever be the reason. any
one elects to drive on the wrong side of
the road, the obligation is cast on him
of being additionally careful, and of
keeping IA sharper lookout than he might
think it necessary to do were he on the
near side. 1t must at the same time be
remembered that if, for his own private
ends, a man goes on the wrong side,
and becomes thereby the cause of an
other person meeting with an accident,
the case may be different; and if in the
dark two vehicles come into collision,
the person on the wrong side of the
road is responsible for any injury which
may result to the other conveyance, or
to the persons of those seated in it. So
likewise in turning corners: If two
vehicles meet suddenly and collide with
one another, he who is on the wrong
side Will have to make good the damage
thus caused"
The rule of the road is not fixed by
custom, but by law, in the United
States. "Our Statutes" says Burton
Willis Potter in his well-known work,
"provde that when persons meet each
other on bridge or road, travelling
with carriages or other vehicles, each
person shall seasonably drive his car
rage or other vehicle to the right of the
middle of the travelled part of such
bridge or road, so that their respective
carriages or other vehicles may pass
each other without interference; that
one person passing another going in the