The Waterbury Democrat., 1931-02-16

with the winter season in full swing and the thousands of shiny new sleds delivered to as many chill dren on Christmas day. sermon on the perils of coasting on the public highways would not be untimely," said William A. Thibodeau, general counsel for the A. l.. A. '"The laws relating to coasting, like practically every other law with which we meet in our daily life, vary in the various state of the Union.
 "In the consideration of the coast ing problem two aspects of the situ- alton present themselves: First, where coasting is not prohibited by law and. second, where the law pro- hibits coasting or limits it to cer- tain ways. The trend of opinion of the various courts of the country seems to be fairly uniform in cases where coasting is not prohibited. Coasters in such cases seem to be looked upon as travellers and the general law relating to the use of ways is applied. That is each user of the way is required to exercise his right with due regard to the rights of others. He must use due care to avoid injuring other users and also
  self In such cases the question of liability usually resolves itself into a question of fact to be decided by the jury.
 There are cases. however. where the circumstances are such as would warrant a directed verdict. Thus, in a Wisconsin case where a boy was coasting on a hill in parkway and the course of his slide took him across the highwayand all though he could make his sled go in the direction he wanted, he shut his eyes and kept his head down. as children will, and while sliding blindly. ran into an automobile, the supreme court said that he was neg ligent as a matter of law and could nto recover. Goldberg vs BerkowltZ. 181 N. W. 217.
 "A Connecticut case, at first glance, would appear to be rather more favorable to coasters than to motorists but if the reader will sketch the intersection he will reading see the actual circum- stances. The defendant was driving a truck on A street up grade i'll an easterly direction. It was dark but the street was fairly well lighted. The defendant noticed several chll- dren with sleds walking up the hlll and one child who was standing at the intersection testified she saw the plaintiff coming down the hill before the truck had reached the corner: The operator of the truck turned left from A street to enter E street and the plaintiff ran into the truck. The court held that the jury was justified in finding that the defend- ant was negligent. He should have seen the plaintiff had he been in the exercise of due care ana the Iacl that he saw children with sleds should have warned him that other children were coasting. Ogenckas vs Fredsal 143 Att. S88.
 "Knowledge that people are coast ing seems to be one of the deciding factors of liability. Thus. in Penn sylvania case where the operator or the automobile was driving on the wrong side of the street and knew children were coasting across the street at an intersection, the court held that he was bound to use un- usual care and watchfulness. Yeager vs Gately ct al 106 Atl 76.
 "On the other hand the burden lS not wholly upon the motorist. Thus in another Pennsylvania case 1t was held that where coasting upon Il public way is clearly and manifest ly dangerous it may be the duty or the court to order a verdict for the defendant, but where the evidence is conflicting the question of wheth- CT or not the plaintiff has used tnat degree of care and diligence that should e used by the ordinarily prudent person under the same cir cumstances is one of fact for the jury to decide. Idell vs Day 20 A. l.. R. 1429.
 "The Penn.s sivania court has said that it cannot be doubted that Tor seven boys to come down a steep hill on one sled at a high rate Of speed and to run into city street is such a wrongful act as to pre- clude recovery. Eastburn vs U. Expr. Co. 73 Att. 977.
 Tn cases where coasting is ex- pressly prohibited by law the courts are more or less at variance. The Connecticut court has held that the fact that one was violating an ordin- ance against coasting would not par