New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-18

insist upon full half Of the road in ordinary
cases. Uu,ess he is wofully inexpert he GER
tanly will not need so 'arge share OF the hs"-
way.
BAD ROADwAYs.
The main danger TO a bicycle rider. aside IRON CO..
isions Is that from badly constructed roads' i"e
roads are mainly kept In repair by county to"h-
ship or city authorities and these are ordinarily
responsible for unsafe highways The oicyce riiei
has. however certain things 10 remember ~. 80
the first place. usually unable TO recover "a ~
careessly goes into obvious dangers lie ous". "
at .east reasonable care as 10 the pace III VIM"
he goes He may also reco.leci that tEe P"o"'
authorities are only required TO use reasonable dill
gence and in maintaining the roads IN saie CO."
dition for ordinary uses. Mr.. Ciementsoh "''e
on this point 1T cannot be expected tha' 'o''
shall be made absolutely safe for bicycling purposes
1t would be impossible for city or town 20 con-
form TO such a standard OF duty. However u'ise"'
and careful IT might be. Il must have more eyes
than dragons have teeth to keep lis ways III sui'a
be condition. A stone OF trifIng dimensions a n'i'
rut, a few drops OF water from a wayside spring
these and a thousand other things that the greatest
diligence could not prevent or remove, woud 'e"
der the corporation liable TO suits FOR dainases'
The author thinks that In such cases the defects
would be considered tries. and the courts "ou'u
not provide remedy. II the road is. ali It's uses
considered reasonably safe and convenient no'h'hs
more be expected. II a rider leaves the hisn-
way anu goes tHlOusn sumo piiN P"N" ~
takes even greaer'rsks, and can seldom recover
verdict In a suit over any accident which may &C.
cur.
If the whee.man proceeds along turnpike nav
ing t0l.gates he should recall the recent case Oh
Geicer against the Perkiomen and Reading Turnpike
Road O57 Penn. State. 5s2) which was carried ~
the Supreme Court OF Pennsylvania although the
amount involved was on.y five cents The Keeper
of the to..gae endeavored collect five-cent TO-.
from the bicycle rider and the case was taken 10
the courts The turnpike company, under a cnarter
given IN v mao .e Sa 10 Of rthen or peas
ure." Although bicycles were not In use on nv, me
its charter. it was held that the company might might
charge ol for the bc{le as s,,sseeeded in
passing free by pacing his machine over his DacA
and going by the tolgate as foot traveller. -, ~,
Having established MS right TO a thaTe OF ths
road. whether a highway or turnpike, ana 10
reasonably safe roadway. the wheel.Han mus, no. o
forge his duty to obey such restrictions a. ma! W
pla ced upon the use Of the streets by the proper
authorities. Ordinances in various cities ana toW-
ships prescribe certain rules which must ne ooeyeu'
The %ew-YorS city ordinance, adopted las; year
reads: ANY person USING bicycle trieycle, We
public streets this city shall be required 10 carry
such vehicle, after shutdown ana before sunise.
light Of sufficient Illuminating power 10 1e 'isI VII
at a distance OF 200 feet also an alarm DeiI dNu
signal shall be given by ringing such bell or other
on approaching ana crossing me % ~
OF any street avenue. and no person using d W
cycle tricycle.. velocipede or other such vehicle OF
propulsion shall 20 at rate OF speed greater. an
eight miles an hour. shall any greater number
than persons abreast parade the streets OF me
or other such vehicle of propulsion. Any vioiau
OF this ordinance shall be punished as mlsde-
The bicycle rider should carefully weigh each Of
the provisions OF this ordinance II ne desires 10 a'o
arrest The courts have uniformly sustained the
right of the Legislature 10 provide suitable safe
guards against dangers arising from careesshess ~
bicvc,e riding The offender not only Liable 10
arrest. but any negligence which results In injury
FOO or Ses he ay be- s eSmpeed
10 pay dearly for his neglect of proper precau-
tons
SUNDAY RIDING.
Some difference of opinion seems exist among
the State courts as whether riding for pleasure
on Sunday places man in such situation that ne
cannot recover damages for injury caused by reason
Of defective highway. The laws In some OF the
States prohibit the transaction Of ordinary business
except for charitable purposes purposes OF ne
cessity bicycle rider who engages IN business es
on Sunday and in pursuit OF that business rides MS
wheel may place himself in such position that ne
violates the law. An interesting. but seldom an
important question: perhaps. arises as 10 Wnetne'
his unlawful act would prevent him from success
fully suing a county or town Il ne should pe m
jured defective roadway Inc courts OF vi VIZ
consin. Pennsylvania and New Hampshire nave net
that If the injury to tine s sscar 10 that
day alone he is not prevented from obtaining yer,
dict. y Massachusetts, case seems to lay DOWN
Distractions in the streets often cause annoy
and sometimes danger TO bicycle riders II
they placed there by the city or by persons VINO
have the right the streets for lime the DIZZY
Gle rider may nave llttle Itlltss. iout al bDst
ton that Is not marked by light at nehl OF
guarded from access If the danger Is OBSCURE may
1t may be possible successfully to seek redress
for broken machine from the careless contractor,
effect which his machine may nave upon nervous
horse. 1t mas been held by the Minnesota supreme
he sees horse and carriage approaching 10 stop
and inquire whether the horse is likely to be fright
ened nor to anticipate that such horse VIII be
frightened. especially in the absence OF any aPpai-
emf reason for so doing He Will. however, II ne ne
.f,I rfI. nj G fe a rights
others stop if he observes that horse IS becoming
unruy through fear Of his vehicle II in spite OF me
the driver he were TO maintain MS speed wnen "a
liable FOR the injury caused by his act. Ordinarily
however he is within his rights If he does not use
more man his share of the road. Judge Cooley.
of Michigan said in Macomber against Nichols "a
Mich ~ cas-; S arising ysar sES faG an
ance Of any unusual object in ae stree. NJ, ,A he
some tendency TO add TO the dangers OF travel by
ways more or less danger that hgh-sprited horse
or indeed. any Other horse. may become unmana &
able and people who are using the highway be en-
posed TO risks IN consequence. Persons
making use OF horses as the means OF draoe s OF
tramc ny the highways have no rights thereon su-
per.or to those who make use Of the ways In other
II Is true b@an SSsD ST "on q"
and similar animals. but persons using them have
no preserP Pesonas s ' Of The @aI Whcn hey
must accord 10 all others. Improved methods OF
cred and they annot excluded from the existing
pubic roads provided their use is consistent with
the present in'tio'3
The Minnesota supreme Court has said: because
the plaintiff chose 10 drive a horse hitched 10 a
carriage does give him the right to dictate 10
Others their mode Of conveyance upon a Pubic
highway where the rights Of each are equal Thus
as between the horse and the bicycle. the courts
have not been SLOW to give the machine equal
rights with the animal, and the latter must learn TO
control its nerves.
DAMAGE FOR A BURST TIRE.
Has the bcyclist who finds himself suddenly pros
trate and his machine IN ruins from a fall caused
by a defective tire any redress? No In which
the question arose appears TO have been decided
but il is be feared that there is slight likelihood
that the maker could be held responsible. II the
defect were known TO the maker. and were so con-
cealed that the purchaser Of the machine could
not by dlgent search discover 1t. the manufacturer
might perhaps be liable
The law Is liberal In Its treatment OF riders OF
the wheel bat they have certain duties TO fulfil II
they do wish to suffer injury without hope OF
financial redress. They must obey the ordinances
OF cities and towns to lights and bells and Oh
serve carefully the rules of the road They must
keep q sharp outlook and not rush into danger
heedessly. II they do seek the law they must be