Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1894-04-21
The Law of the Road.

Recently Mr.. Stenton was driving
along 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,n says the
London Field, for the plaintiff to
have driven past the cart on the lett
side, leaving the farm cart on his
right; but, SO thoroughly was Mr..
Stenton imbued with the idea that
there was some magic in the near
side, that, instead of taking advan-
tage 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 oc-
casions like this, Mr.. Stenton, con-
ceiving it to be his duty to overtake
the cart on the right, nerved himself
for the task, and drove up on to the
foot-path on the right or off side.
There was apparently insufficient
room for this maneuver; Il collision
took place, and Mr.. Stenton'S dog
cart and harness were damaged to
the extent of $40, 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 wrong side, non suited
the plaintiff. but made no order as to
costs"
In commenting upon the decision
the Field adds: "The rule of the
road is nothing more than well
known arrangement made to facili-
tate traffic. and to prevent two We
hicles from performing Il sort OF pas
de deuX after the fashion of foot peo-
pile who often dodge in the same dl-
rection on meeting. If, therefore,
there be no especial circumstances
rendering the contrary course adj
visable, people riding and driving
should keep to the regular side OF
the road. 1t is, or ought to be, per-
fectly well known to riders and drlv-
ers that, if they meet man riding
one horse and leading another, they
should pass on the side of the ridden
horse and not on that of the led one,
although the doing so may involve
both parties going to what is the
wrong side. Yet this is not
a law, it is merely whole
some precaution; and, in the
event of an accident occurring
through non observance OF the gen
eral rule, the person who chung
slavishly to the near side would not
necessarily be in the right. Nor,
again, is it any evidence of neg
ligence that man is drying on the
wrong side of the road. The near
side may be heavy, or in a broken
conditions; and, unless going down
hill, no decent coachman would drive
on heavy ground when hard sur
face presented itself on the other
side of the causeway; no one, for
example, would Il few weeks ago
have driven on his proper side of
the road when travelling from Kings
ton 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 a 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 be-
comes thereby the cause of another
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, provide that when persons
meet each other on bridge or road,
travelling with carriages or other We
hicles. each person shall seasonably
drive his carriage or other vehicle to
the right of the middle of the trav-
eled part of such bridge or road, so
that their respective carriages or 9TH
er vehicles may pass each other
without interference; that one per
son passing another going in the
same direction must do so on the left
hand side of the middle of the road,
and if there is room enough the fore
most driver must not wilfully OBJ
struct the road These statutory
rules, it is explained, are intended
for the use of an intelligent and civ
ilized people, and circumstances may
arise to justify a deviation from
them. But the driver who fails to
obey the letter of the law must be
able to show that deviation, owing
to things which he could not control,
was the proper thing to do. A per-
son on the right side Of the road has
no right to run purposely into a
trespasser, simply because he has
wrongfully given him the opportun-
ity to receive an injury, and then
turn around and sue for damages
arising from his own foolhardiness
and deyil-may- conduct" This
construction of the law meets in
measure the Sheffield decision, and
so it would seem that the rule of the
ROAD Is ueAlDle, WueGueI HAeu ~
custom or statute. Where there is
occasion for one driver to pass an
other going in the same direction, "
says Potter, 1.-The foremost driver
may keep the even tenor of his way
in the middle or on either side of the
road, provided there is sufficient
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 yielding an equal share
of the road, if that be practicable;
but if not, then the object must be
deferred till the parties arrive at
ground more favorable to its accom-
plishment. If the leading traveller
then willfully refuse to comply, he
makes himself liable, criminally, to
the penalty imposed by the statute,