The New York herald., 1921-01-16
LEGAL POINTS FOR
AUTOMOBILE OWNER
Court Decides Rules of Road
Are Not Binding on
Pedestrians.
By Our Legal Correspondent

By Our Legal correspondent.
In dealing with suit for damages for
injuries sustained in an automobile acci-
dent the Supreme Court OF Washington
recently was confronted with the argu-
ment that pedestrians, especially on
country roads which are greatly used by
automobiles. should follow the rules OF
the road governing vehicles and that
their failure to do so should be regarded
as negligence In fixing upon responsible
ity for accidents. 1t has always been
taken for granted that the contrary was
the first cases in which the question has
been presented for legal adjudication. In
refusing to apply such a rule the court
said: sit Is a matter of common knowl-
edge that pedestrian on highway or
on a double track line OF railway is far
better able to look out for>his own safety
and protection by so travelling as to face
all Qncoming vehicles than he would be
IL Keeping to the same side OF the road
way as vehicular traffic, and being thus
at all times obliged to keep watch to the
rear. At any rate. in the absence Of a
clear statutory rule applying to pedes-
trians the question Is one for the Jury"
The case above referred to also en-
phaslzes the legal rule that admissions
made Immediately after an automobile
accident-as where one of the parties
to the accident says that it was his
fault-are not controlling when the
question Of liability for the accident
comes before the court. Such admis-
sions may be proved and should be
taken into consideration by the jury.
but the effect of the admissions Is to be
considered In connection with all the
other evidence in the case.
In a recent case the California Court
or Appeals decides that although the
seller OF car upon the instaIment plan
has frequently accepted payment of in
stalments after they were due and in de-
fault he may at any time exercise his
right to declare the contract forfeited
II subsequent payment is not promptly
made as provided in the instalment con-
tract. OF course, where defaulted pay
ment is accepted this prevents a for
feiture as to that default, but the re-
quirement of the contract for prompt
ltylnent VI lnStaInefltS remains IN e1-
feet as to future instalments. The
court further holds that if the seller
gives due notice of his decision to for
felt the contract and retalxe the car it
is then too late for the defaulting pur-
chaser to tender payment.
In previous artices in this series at
tention has been called to the legal rule
that where an employee is injured in an
automobile accident the measure of
compensation to which he is entitled un-
dor the workmen's compensation laws
requires a consideration of tips received
by him in the course of his work. In
other words, such tips are to be taken
as part Of his salary in measuring his
earnings In recent New York case
the claimant, In the language of the
court. "who was receiving s25 a week
as compensation from his employer also
received on an average s5 per week as
tips from the customers of the latter.
The question Is whether such tips should
be taken into consideration in fixing the
amount Of compensation. He was a