Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-08-08
Interesting Decision to Bicycle Riders and
Lawyers Generally.

least, in an opinion just handed down
by Massachusetts court. The sta
tus of the bicycle said a lawyer to
a reporter. recently, after reading a
copy of the rescript of the opinion,
has bothered us good deal Not
many cases have risen in Maine yet
perhaps no important ones, but we
have felt that sooner or later. owing
10 the wide use of the wheel and the
poor roads of this State, we should
have to face the question squarely.
Il doubt if any of us could have said
anything definite had rider Ill
Augusta, say, sued the city for dam
ages on the claim that one of its
streets was unfit for bicycling so that
he was injured thereby. Were the
plaintiff a carriage driver the matter
would be simple. If on bicycle his
legal standing would be obscure"
Several agents of accident insurance
companies, when shown the decision of
the Massachusetts court, minated
that it might be of Importance with
them as affecting in some new way
their liability for bicycle accidents
The Massachusetts case was that of
Lawrania Richardson, who sued the
town of Danvers, Mass. for injuries
received by being thrown from her BIZ
cycle by an imperfection in one of the
highways of that town, and received il
verdict for damages in the lower court.
But the town having appealed from
this verdict on executions. the full
bench states its opinion that bicycle
is not a carriage within the meaning of
I 1,. hf aIrrc ~
Chap. 80. Sec. 1, and that cities and
towns are not bound by law to keep
their highways in such a state of repair
and smoothness that a bicycle can go
over them with safety. The following,
which includes the material part of the
opinion, is practically a judicial trea-
tise on the bicycle, and its conclusions
are most interesting:
The question. then, is whether a BIZ
cycle is a carriage within the meaning
of this term in the statute. We have no
doubt that for many purposes bicy-
Gle may be considered vehicle or
carriage. 1t may be lawfully used on
the highway, and is subject to the Law
of the road. So, under law
prohibiting a person from riding or
driving any sort of carriage furiously.
So, under laws or ordinances prohib-
iting driving on the sidewalk. Under
a law Tin Pennsylvania permitting the
collection of tolls on a turnpike, BIZ
cycle was held to be a carriage. The
opposite was Le,d in Erg and and In
Michigan. And in Scotland in an ac-
ton on policy of insurance, it was
held that person riding bicyclc was
not travelling as a passenger in an
ordinary vehicle"
The statute in question was passed
long before bicycles were invented lin
1850. but although, of course. it is not
to be confined to the same kind of We
hicles then in use. we are of the opin-
ion that it should be confined to vehi-
Giles, ejusdem generis (of the same
class of kind, and that it does not
extend to bicycles. This view is favor
ed by the provision in the Public Stat
utes. Chap. so, Sec. IS, which provides
that no damages shall be recovered by
a person whose carriage and the load
thereon exceed the weight of six tons
The words last quoted were first added
by the statute of 1888, Chap 10i.
1T seems to us that the Legislature.
by the use of the carriage had in
view a vehicle which could carry pas
sengers or inanimate matter. not to
exceed. with it's load, six tons.
"A bicycle is more properly a ma
chine than a carriage. and it is defin
ed in Murray's dictionary. 1t is also
50 considered in the statutes of 1894,
Chap. 479, which is an act to regulate
the use of bicycles and similar vehicles.
and in the amendatory act of 1898.
"A bicycle is of but little use in wet
weather or on frozen ground. Its val
ne consists in the pneumatic tire, but
this is easily punctured. and no one
who uses a wheel thinks of taking d
ride of any distance without having
his kit of tools with him. A hard rut,
a sharp stone. bit of coal or glass,
or a tack in the roadway may cause
the tire to be punctured. and this may
cause the rider to fa! and sustain an
injury. 1t would impose an intolerable
burden upon towns to hold them bound
to keep their roads in such state of
repair and smCothness that a bicycle
could go over them with assured
safety.
1T is because ordinary roads are not
considered suitable for bicycles that
cities and towns are given the power
by the statutes of 1895. chap. 351. to lay
out. construct and maintain paths for
bicycles. And the statutes of 1898, chap.
474. make it misdemeanor to trespass
upon a cycle path by driving thereon
with a horse or other animal, except
TO cross the same
We are. therefore, of the opinion
that bicycle is not a carriage within
the meaning of that term in the Public
Statutes Chap. 50. Sec. l. EEK
ception sustained
Merrill Bros. carry in stock an ex-
tensve and unusual line of fruit jars.
| Mason's. Smalleys. Lightning and
Royals. Their supply Of berries are OF
the best. and these and all green stuff