Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-04
LADIES GOODS.
THE LAW AND THE WHEEL.
Some Of the Legal Decisions MS to the
Status of the Bicycle.

THE LAW AND THE WHEEL.
Some Of the Legal Decisions ms to the
Status of the Bicycle.
From the Detroit Free Press.
The use of the bicycle for the purpose OF
locomotion and travel is so recent that as
yet there is little adjudication as to the
rights and liability of travellers employing
it upon the highway: but the trend Of
judicial authority seems to place the wheel
en- plane Of equality with other vehicles.
The early advent of the bicycle met with
strenuous opposition, both from pedestri-
ans and agencies of the road, the former
contending that it was vehicle and should
be excluded from the sidewalk and the lat
ter asserting that it was an object of ter
ror, the use Of which was perilous in that
1t frightened horses. But by degrees this
child of adversely began to be recognized
by the courts and its legal status to be
established. Finally its paternity was es-
tablished and it was placed in the category
of carriages and vehicles.
Although Blackstone Coke and other
common law jurists never experienced the
sensation of a spin on a bicycle, yet We
look to the law of the mother country for
the earliest cases involving the law of the
wheel.
The authorities, almost without exception,
now recognize the bicycle as carriage"
Ct NenlCle, entltleQ TO the rlSntS OF car
riaGes and vehicles in general, and no long
er regard it as an obstruction to or an I'M
reasonable use Of the streets or roads, but
rather a new and improved method of
using the same, and "germane to their
principal use as pathway" One Taylor.
an Englishman. was the first to take the
bicycl. into court and the case of TAYLOR
against Goodwin is a leading one. Mr..
Goodwin sprinted On certain road in vio-
lation of statute making the furious driv-
ing of a carriage upon the highway an Of
Tense. Upon the trial he did not deny the
allegation Of immoderate speed, but con-
tended that the bicycle was not a car
rage" and that the word driven" as or
dinarily understood was not applicable to
the bicycle, and that the mere fact that it
had wheels did not make it a carriage any
more than wheelbarrow or roller skates.
But the court was of the opinion that it
was carriage in the full sense of the
word, and that persons riding it may be
said to drive" it in the sense that an en-
gineer drives an engine, although he guides
as well as propels it.
Investigation discloses American author
tiles.
In applying the established law of the
titled to the dignity of a carriage, and while
there is no authority for the statement, it
seems that the wheelman in riding on the
road should be governed by the immemor-
ial usage and custom applicable to horse
men. 1t has been held that there is no law
requiring a man on horseback to turn
either to the right or to the left hand. He
should be governed by his notions of pru-
dence A horseman should yield the trav-
eled track to vehicle where he can do SO
without peril.
A b!cyclist and horse can pass along a
track much narrower than that required
for carriages; they also occupy much less
linear space. In both cases the control of
the traveller is more absolute than in the
case of horses attached to carriages. but
the bicyclist cannot be forced to ride his
machine on dangerous ground. The cardi-
nal rule, however, is to keep to the right
Summing up the law pertaining to bicycles
in a general way, it may be said:
l. Municipal corporations or cities are
liable to a bicyclist for injuries incurred by
reason of defective roads (namely, I'M
guarded embankment, a deep rut, a large
stone), provided he is not guilty of contrib
Itory negligence A city is under no special
obligation to wheelmen, and the defect
must be such as to cause injury to vehicles
in general. A bicyclist injured while riding
on Sunday for pleasure or business cannot
recover in states where Sunday laws" are
in force.
. A wheelman tas a right o. action
against the driver or owner of vehicle
who willfully or nesligentIy causes a col
lision or damages his wheel while left
standing by the street curb or roadside.
1t is the duty of a wheelman, however, to
avert collision. If possible. and he cannot
recover damages If his own negligence Is
the proximate cause of the injury COM
planned of.
B. A traveller rlulng On tne leIt-HdHu sue
of the road probably assumes all risk, and
is prima facie guilty of negligence.
f. Vehicles going in the Same direction,
the hindermost may pass on either side.
s. Sidewalks are exclusively for foot
passengers, but a foot passenger has
right to walk in the highway, and is en-
titled to cross the street where ne may
elect, but is guilty of negligence If he at
tempts to cross ahead of a vehicle. And
the fact that a vehicle is on the wrong side
of the road is no evidence Of negligence
in an action for injury to pedestrian.
G. A bicyclist employing an immoderate
rate of speed on a highway or street may
be liable civilly or criminally in case of ac-
cident If he recklessly runs his wheel
against pedestrian he is liable for assault
and battery. Recklessness will sometimes
supply the place of criminal intent, and IL
a bicyclist Kills human being while going
at dangerous speed he may be convicted
of manslaughter.
The term 'fmmoderate rate of speed
cannot be accurately defined. 1t depends
upon time, place and circumstances.