Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1918-03-17

""'lt' q fFiN ''Nlouh SITUATION re-
rarulnE the succt cars, OF those We
hic,ea that are confined TO fixed
tracks ~ travel II Is tho duty OF
the wotofmln lu charge OF the street
cur tu giyc signals, use high de
grcu 81 care and exercise watchful
vigilance 60 avoid every kind OF col
il-lou ana accident. and IN this be-
half be- owes a duty to a driver OF
any other vehicle upon the pubic
street including The automobile
Ana the driver ot any other vehicle
owes ,u equal duiy TO the motor
man and to tho passengers OF The
street. c.r, Hud TO avoid accident.
should u possible, get of tho track.
Us the street ear Gun not
Motonnan NAV Presume Auto WIN
Give hight t-of- Way.
In this connection II may be well
tp reflect uiat the motorman has a
. light 10 take for granted that an
other user of the highway will use
| due care to got or the tracks OF
the street Cni. OF tn other words
give the yiGht-ot- t-Nay. IN tho event
! ut an accident With a street caN noR
| hrenr" on tho part ot the motorman n
| y not presumed. and until the Jury
! is satisfied by "a preponderance OF
| tho evidence that the situation ana
! extremity of the driver OF the auto.
! mobile was such that tho motor
! man, Ia the exercise ~ ordinary care
md prudence. saw or should have
'"cn, the danger In time 10 avoid
| The accident, The mutorniau Is en-
| uilt'l to "A presumption that ha Is
/ moi rnlltN a. - al
! lisons the court always lnatructs the
jury that the motorman has n right
| 70 assume that the party viii per
| form his relative duty
Iicad-on Collision.
The Washington supreme court
may hc said 10 have extended this
| doctrine somewhat in the case OF
| hRntages vs. Seattle Electric com
pany 55 wash. t53. ThuA wns q
case uf accident occurring on Pike
streat IN the city OF Seattle. The
automobile was travelling west
down grade, at "a time when the
north hair of the street was torn up
because of the sewer b,ins laid. and
80 the automobile naturally fol-
lowed the course OF the out gotng
street car track II was raining and
'he automobile skiddeu 40 the driv.
or could not bring 1t TO stop, or
turn out Tho motormnn did not
stop his car that WAS travelling east
and up grade The result was
hcad-on collision, and the supreme
court held that the defendant com.
plny was entitled to an instruction
that the motOrman had Il right to
assume. until the danger became Inn
minent that the automobile would
turn of the track.
However. In that case, the su-
preme court further held that II the
danger became imminent. 30 AE 10
be reasonably apparent, II then he
came the duty Of the mototmAn 20
etop---to d. what he could TO avoid
the accident and his failure under
such circumstances, II the same be-
, came the prONimato cause OF the In.
tury. rendered his company liable
for the damages.
Another Presumption In case OF Col
lision.
II q collision takes place. the pre-
sumption IL against the person on
the wrong side " the road. and II Is
| held by the courts that evidence that
| the plaintiff was driving on the right
| hand side Of the street, close to the
| sidewalk. that such IL evidence OF
| due care on his part. and that where
| the defendant vas driving very
| fast (without givius rate or SPEEDY
| In the opposite direction and col
| llded with thu plainff. that such
| driving was sufficient evidence OF
| negligence on the part OF the de.
| f"ndhnt To sustain u Judgment In
! damages
The Law OF Reason.
"hH parties using a highway must
! exercise reasonable care N a
| phrase used by all the courts and
| all law writer's In discussing this
subject could there lie anything
! more Just and fuir7 what more
could any person ask Now this
! simple rule applies to the pedestrian
| 60 prevent injury to himself TO the
! Operator OF any other means OF
| travel 10 prevent accident or Injury
to others Its the law Ok the road
In q nutshell
The Highway Is for the Public.
The highway as fixed or pre-
scribed public thorofare for travel
| ~ not the invention OF modern thot
! ~ centuries or course like all
| else OF permanent value, IL has
| had its evolution from the trace
Of a trail to the roadway OF the
! present No man pretends that II IL
! yet perfect that the apex Uf achieve
merit has been reached. but that II
viii In the Advancement or progress
Of the race unfold and develop 10
nerNe and supply the needs Of man.
promote his welfare and conirlbHts
20 his happiness The Ideal - for q
Tree way. open to man Tor his un-
hHmpercd mtans OF intercourse with
hIa fatlA.. ~. a
tribute the fruits of his labor or the
products OF his enterprise. and.
when the need arises. bear the
tramp. tramp Of the aimed hosts OF
the nation
DUTY TO stop and Give Full Highway
The law OF the road" as inter-
prcted -bv the courts II one splendid
effort TO reach q reasonable. lust
and proper code OF ethics ~ thar
word may be cmployed) OF human
conduct So ns TO preserve life. limb.
property ard peace Therefore
relative rights are considered and
too, the absolute Individual rights
OF road user. ~ hen they arise. such
as under Circumstances when the
road is marrow and SO constructed
as 10 permit only enc vehicle pasinR
al any one time. In such cases the
frst traveller 90 commence TO ira
verse such stretch OF road has the
free, FUN right of-wny 20 complete
his passage aver or Thru it--and 9th
crs may not pass him. and those
travelling In an opposite direction
must stop and wait until he Is clear
before attempting TO pursue their
course
Penal Codes and Ordinances.
The legislature Of each state OF
the union has pissed numerous
h"S rerarolug the automobile. like