The Canon City record with which is consolidated the Canon City cannon., 1916-03-23

ElrsHl " .Ig 10 SCARF lpeueStfldn3 from
the aoblic highway by blowing :he
auro jicrI. could do no better al this
time than to quote from Georgia de-
cision on the reciprocal duties vi Il .
automobiles and the pedestrian. /
quote from the case of C'Doud US. New
man, 1s Geoig gia App, page 2so:
1.-THE pedestrian and the automol lie
have equal rights upon the highway.
but their capacity for inHict.ng injury
is vastly disproportionate.
1T follows also from this that the
driver of an autimotile cannot lie said
to be using the highway within his
rights. or he in the exercise of due
care. II he takes advantage of the force
weight and power OF his machine rs
means of compelling pedestrians to
yield to his machine superior rights
upon the public highway designed for
the use OF all members of the public
upon equal terms. Instances are al
most. matter OF daily occurrence
where apparently the drivers OF alto
mobiles operate their machines as if
they have been rranted risht OF way
over the public highways and as II it
is nothing more than the d ity of the
pedestrian to yield preeedenee to the
automobile and stop and wait until
the automobile has passed before at
tempting to proceed in crossing a
street or otherwise using the hi h
way.
III there is anything in the argument
OF priority. man WIS created before
tie automobile. and to paraphrase a
quotation from the Holy Writ. man
was not created for the automobile.
but the automobile was created for
the man. Generally III enatnral Instinct
OF seIf-preservat.on will inspire in the
PEDESTRIAN due degree OF caution for
his own safety when he is aware of the
approach OF an automobile. and this
the Law will re .ure him to exercise
Sometimes the circumstances sur
rounding the approsob OF one Of these
vehicles OF ponieroa propo, tions in
spire terror which paIalyzes the pow
er OF locomotion on the par; of the
traveller on foot, especially II he be
child OF tender years. In such a case
the dangerous character of the in
strumentality which the driver OF an
automobile IS operating forbids the
assertion that he has exercised even
ordinary diligence. Unless he has used
every possible means to avoid injury
to the pedestrian,
"on account OF the ease with which
injury can result from the slightest
neElisence or inatteption in the op-
Grafton OF his machine. ordinary dni-
gence requires that the driver OF an
automobile be constantly on the look.
out and that he have his machine In
such condition as that II shall be un-
der his perfect control. The pedes-
trian also Is required 10 be on the
lookout. but he has the right to as
sumo that the drivers OF all automo-
hiles are on the lookout for him. too.
and II he is properly upon the public
highway. which he is entitled TO use
equally with them. he has the right
TO assume that they are both willing
and able to regard his rights.
While. therefore. the law requires
that a pedestrian and the driver OF
an automobile shall each anticipate
the presence OF the other upon the
public highways and that neither shall
do any act likely to jeopardize the
safety OF the other. still. on account
Of the great disparity in their respect
i've capacities to infiict injury. the ex.
ercise OF ordinary diligence on the
part OF the pedestrian to look, out
for the automobile does not necessar.
lily require as continuous caution AS
is requisite to enable an autoist to f,ll,
I'LL the definition ordinary diligence,
as apnlied IN one ha wing in hia cb,r,o