Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1896-05-13
The Law and the Wheel.

Summing up the law pertaining to bicy-
cles in general way it may be said:
First-Munic;pal corporations or cities
are liable to bicycst for injuries incurred
by reason OF defective roads ii. e., I'M
guarded embankment, a deep cut, large
stone), provided he is not guilty of con-
trihutory negligence. A city is under no.
obligation to wheelmen and the defect
must be such as to cause injury to vehicles
in general. A bicyclist injured while rid
ing on Sunday for pleasure or business can
not recover in states where 'Sunday laws"
are in force.
Second--A wheelman has right OF
action against the driver or owner of
vehicle who wilfully or negligently causes
collision or damages his wheel while left
standing by the street curb or roadside. 1t
is the duty of wheelpan, however, to
avert collisions, if possible and he cannot
recover damages if his own negligence is
the proximate cause of the injury COM
planned or
Third-A traveller riding on the lett hand
side of the road probably assumes all risks
and is prima facie guilty of negligence.
Fourfh-Vehicles going in the same
direction, the hindermost may pass on
either side.
Fitth-Sidewalks are exclusively for foot
passengers but foot passenger has right
to walk in the highway and is entitled to
walk in the highway and is entitled to cross
the street where he may elect, but is guilty
Of no negligence if he attempts 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.
Sixth-A bicyclist employing an i'm
moderate rate of speed on highway or
street may be liable civilly or criminally in
case of accident. If he recklessly runs his
wheel against pedestrian he is liable for
assault and battery. Recklessness will
sometimes supply the place of criminal in
tent and if bicyclist kills human being
while going at dangerous speed he may
be convicted of manslaughter.
The term ''immoderate rate of speed''
cannot be accurately defined. 1t depends
upon time, place and circumstances. =
Detroit Free Press.
Section 1892 of the Vermont statutes
says: eff a person unnecessarily leaves or
drives an animal or rides bicycle upon a
sidewalk built and maintained for the bene-
fit Of the travelling public he shall be fined
not more than $25 and not less than So
This is general state law, but justices of
the peace have concurrent jurisdiction of
offenses under this section and one-half OF
the fine goes to the complainant and the
other half to the town in which the offense
is committed.
The Bellows Falls village corporation
also has bylaw which says: "No person
shall drive, wheel or draw any coach,
wheelbarrow, bicycle, velocipede or other
vehicle of burden or pleasure, except chill
dren's carriages drawn by hand or permit
any horse or other animal under his care
to 60 upon any sidewalk in the village OF
otherwise unnecessarily occupy, obstruct
or cucumber any sidewalk with boxes, bar
rels or merchandise SO as to interfere with
the convenient use Of the same by pedes.
tians and the public The fine is not
more than $40 nor less than 50 with costs
for each and every offense.
There is no bylaw regulating the speed
at which bicycles may be ridden within the
corporation limits, nor is there any prohi
bition Of racing. The bylaw on improper
driving says: ''No person shall ride o.
drive in any street, lane or highway il
such manner as to endanger or unreason
ably incommode anyone passing thereon
nor shall there be any racing or trial o
speed between the owners or drivers o
different horses in any public street" Thu
fine is not less than So nor more than $40