The Portland daily press., 1895-11-18
THE LAW OF THE ROAD.
Bicyciist Moore Sues John f. Bryant io'
Damages.

Damages.
In the Superior Court, before Juus'
Bonney, Saturday, there was tried easy
of much interest to all riders Of blcycio.
and to all horsemen. 1t is the case OF
Albert j. Moore VS.. John f. Bryant.
The plaintiff, in this action, sues to TO-
cover damages for injuries received w
him, while riding on his bicycle IRON
Saco to Portland, in consequence OF
collision with the defendants team,
ocoasioned, as he claims by the negligent
driving Of the defendant The platinum
resides in Kennebunk, is 90 years of age'
and is paymaster for the Mousam Manu-
featuring Company. The defendant re-
sides at Pine Point, is 80 years of age,
and his business is claiming and fishing.
The accident occurred on the third day
of last May, on the Portland and Saco
road, just this side of Dunstan's corner.
Mr.. Looney, plaintiffs counsel, in opeh-
ing the case stated that this was the first
case that had arisen in this State, which
presented the question of the relative
rights and duties of bicyclists and the
drivers of horses and carriages upon the
highway. Mr.. Looney then gave
clear exposition of the law upon this
question, as It had been adjudioated in
other States. He said that he should
claim as matter Of law, by virtue OF
decisions of other courts, if bicyclist,
riding upoS his own side of the road,
should meet team on the same side OF
the road as himself. that the bicycllst
had a right to expect that the driver OF
allow him to safely pass, and If collision
occurred in consequence of his waiting
too long, and the driver of the team not
turning out, that the bicyolist would not
be guilty of negligence He claimed that
bicyolists had the same rights upon the
highway as those accorded to the drivers
of teams
The plaintiff testified that he and his
friend, Mr.. Littlefleld, left Kennebunk on
their wheels on the third day of last May,
at about half past two in the afternoon.
They reached the turnpike road across the
marsh just this side of Dunstan's corner,
about quarter past four, distance OF
about eighteen miles; therefore they had
been travelling about nine miles an hour.
When he reached the top of the long hill
at that place, he saw this team coming
about a quarter of mile distant He
was on the extreme right of the road.
| The team was also on his, the plaintiff g,
right, and as 1t approached it came more
to his right. He did not coast down the
hill, as he thought there might be danger
of his not getting out of the way. He
kept his feet on the pedals and back
pedaled. As he got down towards the
bottom of the hill, he saw that the team
did not change it's course and he slowed
up somewhat and just before he met the
team he wasn't going near as fast as
when he left the top Of the hill. When
he got within about twenty or twenty
five feet of the team, he thought he had
| just about room enough to go by without
going over the edge of the bank into the
water, and while he was at about that
distance the horse reared on his hind feet
with his fore feet way above the top OF
the buggy and when he came down, the
plaintiff came right under him, SO that
his front wheel and handle bars were In
under the horse. The shafts struck him
with sufficient force to drive the wheel to
the ground and as the horse was moving
on a curve it pushed him over the edge
of the bank into the water. That was all
he could remember for minute or two
The next thing he knew they were try
ing to get the horse out of the marsh.
| After the horse was extricated his friend
remarked that the horse was out some
and Bryant said that he didn't care; he
wished the horse had killed himself and
broken hisHdamned neck; it had been act
inglike the devil all day. The plaintiff
said that the defendant refused to pay for
4 fixing his Wheel He asked the defendant
/ if he knew the laws OF the road and he
said he didn't give damn for the laws
of the road Mr.. Littlefleld asked him
| for his name and he gave the name of A.
R. Bryant. The man who was ridin
with him refused entirely to give his
name AS result of the collision the
plaintiff had a stiff arm for some time ;
and for two days afterwards he was I'M
able to eat and when he did eat it made
him sick. He WAS unable to work
or ride a wheel all summer. 1t cost
him s25 to repair his wheel.
The plaintiff admitted on cross-e1ami-
nation that he was on his way to Boston
to attend the Linscott road race but
denied that he was entered N the race or
that he and his friend had been racing
before the accident. He said that his
record for mile was 2.32 2-5.
| VIM. H. Littlefleld, who WAS Mr.. Moore's
companion, co11oborated the plalntlH'
| testimony.
Ex-Chief Consul Marrett being called
testified that he had conversation with
the defendant shortly after the accident
and that the defendant admitted that he
was riding on the left hand side Of the
| road.
Sherman e. Nelson, travelling sales
| man. was at the spot soon after the accl-