The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-16
anaconda Meas.
RESPECT THE WHEEL
The Biker Has Privileges on the
Streets and Highways.
A WORD TO THE "ROAD HOG"
Common Courtesy Is Extended to
Both the Cycler and the Lrlver
of a Team-The Law Makes
the case Clear.

dceu the SaIety ana comfort OF wheel
men East. A few salutary lessons in
manners given through the courts and
on the road by athletic bicyclers
taught the hog" that the man on a
wheel had certain rights which the
man In wagon, buggy or cart had to
respect. Since those early days COM
plants have been few and now in the
East, where wheelmen are encountered
commonly on the highways. the drivers
OF other vehicles give them the cour-
tesy to which the law and good man
ners entities them-half of the road.
In Montana, where the use of the
two-wheeled vehicle, is less universal,
a few OF the rare species of the road
hog" have been developed during the
season. The most of them have been
met by wheelmen who make runs over
the country roads, where there is but
a narrow strip of beaten path, often
hedged in by deep ruts or barriers i'm
passable to the rider, who must dis
mount, while the road hog drives Sc
renely along monopolizing the high
way.
On the city streets there is more room
but the law Is as often violated with
less serious results, though the wheel
man is obliged to dodge teams as best
he can.
The situation is simply that the
driver knows that he has the larger
and stronger vehicle, and that in a
collision the wheel will get the worst
of il. He knows, too, that even IL he is
wrong there are few wheelmen who
will take the chance of injuring or de-
stroying their wheels for the sake of
standing for their rights. The fact re-
mains, however that the wheelman has
all the rights of the road of any other
vehicle. The law classes IL as a We
hicle. If any damage occurs in a col
lfoipr, Ir.fx
liable IL he has not considered the
rights which the law gives the wheel
Ignorance of the law excuses no man
and Montana's statute Is very plain, as
the following quotation shows:
Political Code--Article XVI, Section
2S44: When vehicles meet, the drivers
of each must turn seasonably to the
right of the center of the highway or
road, so as ITO pass without interior
ence, under penalty of $25 for every
neglect, to be recovered by the party
injured. Where the whole breadth of
the roadway is not worked, the CEN
ter of the worked part Is the center of
the highway"
The Minnesota law on this subject is
practically the same as that of Mon
tana and a decision given by the SUI
preme court of that state decides two
points at once which gives both side of
"A mooted controversy. Ii is. of course,
the duty OF a wheelman who sees
team became frightened ait his steed
of steel to dismount, but IL he does not
do so the damages from fright TO the
horse are not necessarily due to GRIM
inal negligence.
The Minnesota case is that of N A.
Thompson VS.. w. NJ. Dodge. The de-
cision was rendered Oct. 26. 1894. The
case came from Dakota county and
the facts, according to the findings of
the rnnrf RiIb>sIanfiQllV fol-
lows: Thompson, driving a horse. and
Dodge, riding a wheel, met on the high
way. Thompson's horse became fright
ened at Dodge's wheel. The buggy was
overturned from the grade into a
swamp and damaged to the extent OF
SIS. Thompson brought action In JUS
tice court to recover that amount from
Dodge on the ground that the accident
was caused by Dodge's carelessness
and negligence. He received a judg- |
ment in justice court, but the district
court for Dakota county reversed the |
Judgment, holding that even on the
evidence of the plaintiff no negligence |
on the part of the defendant was
shown. The supreme court. In an opin- |
ion by Justice Buck. sustains the dis |
trict court in every particular. The |
court says in ITS syllabus:
"A highway is intended for public |
use. and a person driving a horse |
tneTeOn mas no TlkniS superior 10 lDOSe
of a person riding a bicycle.
"a bicycle is a vehicle and riding one |
in the ususal manner, as is now done
upon the public highways. for convent
ence. pleasure or business, is not un-
lawful.
"a person cannot be made to pay
damages for his acts unless they were
done in such a manner and at such a
time as TO show that he was acting In
the disregard of the rights of others"
Justice Buck says in his opinion:
"A person riding a bicycle upon the
public highway has the same rights i'm
so doing as persons using other We
hicles thereon. A highway Is intended
for public use. and a person riding or
driving a horse has no rights superior
20 those OF a person riding a bicycle.
In the use of a public highway, there
are certain rights of the road which
must be observed by all persons, and
a violation OF those rights constitutes
negligence. Bicycles are We
hicles used now very extensively for
recreation, pleasure and
business. and the riding of one upon the
public highway in the ordinary man
ner as is now done. is neither unlawful
nor prohibited. and they cannot be BAN
ished because they were not ancient
and used in the garden of
Eden by Adam and Eve. Because the
plaintlE cnOSe NO dflNe morse nltcned
to a carriage does not give him the
right TO dictate to others their mode of
Of conveyance upon a public highway
where the rights of each are equal.
1878. c. s. CHI. II. section l,
provides that when persons meet each
1ther on any bridge or road, travelling
with carriages. wagons. sleds. sleighs
DR. other vehicles. each shall Seasonably
irive his carriage or other vehicle to
The right of the middle OF the Travelled
part OF the road SO that the respective
carriages may pass each other without
1T IL not the duty Of a party lawfully
upon a public highway upon
l bicycle, when he sees a horse and
approaching TO stop and in
luire whether such horse will be fright
med. especially in the absence Of ap-
parent reason for 80 doing"