Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-06-11
TWO CENTS
A BURNING QUESTION.
Rights of Automobiles in Public
Roads.


How the Question Affects People who
Drive Horses Rights of the TIVE
Classes of Vehicles to the Highways.
Opinion by Learned Member Of. the
Local Bar.
Many inquiries having come to
| the New DOMINION as TO the rights
of automobiles on the streets and
public highways, an attorney of the
local bar has kindly furnished the
following opinion as TO the law in
the case:
'sThe right of automobiles to the
public road has not yet been adju-
dictated by the courts of this state.
The right has been conceded them
by the courts of some other states
under certain restrictions, but wheth
er the conditions here are such as
would warrant the same liberty as
other states have given them, may
be question.
"The public highways are design
ed Tor the use of the general public
for vehicles, primarily for vehicles
drawn by horses. No special class
of vehicles has an exclusive right to
the road. Doubtless it would be held
that If it were found that any two
classes of vehicles could not use the
roads together, or that the use by
one class would exclude the other,
that which had been most generally
used and accommodated the largest
number of people would have the
superior right"
.sThe population of our state is an
agricultural people, owning and us
ling horses exclusively, and Deepen
dent upon vehicles drawn by horses
for carrying on all kinds of commerce
between different sections of the
county. To introduce steam upon
the public roads or any class of ye-
hicles that would exclude horses
would paralyze the business of the
county, and doubtless, wonld be held
to be unlawful, If that were the nee
essary result"
"The question turns upon the in
quiry whether it is practicable for
the horse and the automobile to use
the public highways at the same
time without unwarranted interior
ence with each other. II is conced
ed that the average horse is intoler
ant of the automobile. His intense
fear of it in many instances endan-
gers the life, limbs and property of
his owner. 1t is like taking ones
life in his hands to meet an automo-
bile when riding behind some horses.
1t is the history of the introduction
of the automobile everywhere that
many serious accidents are occur
ring every day by its use on the
public roads. They are bound to oc
cur here. Our public roads are un
usually narrow, and our horses I'M
accustomed to the noise of steam
and the hustle OF varied business.
1t is certain that if the automobile
does win it's way here it will have
fight for it. The owner of the new
vehicle will have many enemies and
many damage suits to manage be-
fore he is done with it,"
"But assuming that the automo
bile is here to make aIfght, whether it
| wins out or not, there are some ques
tions that may be said to be settled
in advance OF the final result.
"And the first of these is that the
| automobile cannot assume to have
the right of the road without regard
to the rights OF those who use horses.
They must not unnecessarily endan-
ger the lives and property of others.
They must not be indifferent to the
safety OF those whom they meet on
the road. They must not travel at
rate OF speed in town or country
that is denied to other vehicles. In
other words they must do everything
that prudent man would and must
do under all conditions to prevent
damage to their neighbor. In de-
fault of this, the courts will unques-
tionably make them pay damage ir-
respective of any legislation that
may hereafter be made to prescribe
and regulate their use"
4