Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-11-21

lsoHNN ny Nllt ut'lHlbh VI NbN
rreme Court of Hawaii follows:
Thos. Cummins VS.. VIM. Sumner, 3
Hawaiian Reports, 10, 171-173.
IIARTWELL. j. This case pre-
SCENTS points of interest to the COM
munity. All persons have II right to
travel freely upon the highway, sub
Jet only to a due regard to the
rights of each other. Those rights
depend upon certain statute regula-
lions, upon custom, and upon the pc
Culiar circumstances of each case. In
England where there Is no statute
upOn the subject, the custom requires
each traveller to bear to the left in
meeting. The statutes of this king
com prescribe as follows:
Whenever any persons shall meet
each other on any bridge, road or 9th
or highway. travelling with carriages,
wagons. carts or other vehicles, each
person so meeting shall scasOnably
turn his horse or other animal. or
drive his carriage or other vehicle to
the right of the middle of the trav-
cled part of such road or bridge,
when practicable: so that the re-
spcctivc carriages or other vehicles
aforesaid may pass each other with
cut Interference.
when II Is difficult or unsafe for
persons travelling with any Of the
aforesaid carriages or vehicles, on ac-
otherwise, to turn or drive their car
iages, or other vehicles, to the right
of the middle of such travelled part,
us aforesaid, any person thus pre-
vented. when meeting with any 9TH
er person travelling with any of the
carriages or vehicles aforesaid, shall
stop a reasonable time, at a conve'
nient part of the road, to enable such
other person to pass by.
Whenever a traveller ask another
to permit him to pass, the vehicle of
the latter being stationary at an in
convenient place for passing by, or
travelling at a slower rate. 1t shall be
the duty of the person so requested
20 make room for passing.
mo person shall permit his car
"iagc or vehicle to travel or pass on
any such bridge or road without a
suitable driver or conductor; nor
shall leave the same on any such
.Lridgc or road stationary, in such u
situation as to obstruCt other per-
sons travelling with any carriage or
other vehicle.
Every person violating either of
of the road, shall be fined for each Of
Tense not less than one, nor more
than twenty-five dollars, and any
person injured by any violation of the
provisions aforesaid, shall be entitled
to recover damages in an action to he
commenced within six months after
the injury" compiled Penal Code,
Chapter SO, Sections 9-l3; Civil
Code, Sections 373-377D
II will he remarked that no person
II forbidden to travel upon the left
side, or upon any portion of the high
way. Any one may drive in the mid
die. or upon either side of the travel
ed road, provided he do not, in SO do
ing, unrcasOnably ObstruCt persons
who are upon the Lawful side. The
statute itself recognizes this right, in
providing that persons meeting
shall scasOnably turn to the right, d"
and that anyone prevented from so
doing, shall stop at reasonable
time, &c. 1t only requires the turn
ing to the right when practicable. "
In New Hampshire 1t is minated
N one case that If person volun-
of the way, his inability to yield the
way probably would not furnish a lc-
gal excuse, generating him from liza
LlIity for an injury sustained by one
IN passing, who was nowisc at fault.
ii would be II legal fault, n
question of law upon the facts PROV
ed, and not question of fact for the
jury" Brooks VS.. Hart, II n. II.
3O7. bronson VS.. Noyes, I Wendell,
lSG, sustains the same doctrine, and
both cases are cited without dissent
ny Angel, in the text of his treatise
on the law of Highways, Sec. 1888.
But we are unable to accept, as
sound law, the doctrine that where
neither party is in fault otherwise
than by one being upon the wrong
side of the road, the only question
for the jury shall be to assess the
damages and find for the plaintiff.
The law gives to all the full reason
able use of the travelled road, and we
are of the opinion that the question
of negligence in the conduct of a
traveller who finds himself upon tho
left, and unable to turn seasOnably,
Is exclusively for the jury.