"THE LAW OF THE ROAD."
There are certain rules applicable to travellers upon public ways,
which are so important that everybody ought to know and observe
them. The law relative thereto is known as "the law of the road."
These rules relate to the meeting, passing, and conduct of teams on
the road; and it is more important that there should be some well
established and understood rules on the subject than what the rules
are. In England the rules are somewhat different, and some of them
are the reverse of what they are in this country. But the rules and
the law relating thereto in this country are about the same in every
State of the Union. Our statutes provide that when persons meet each
other on a bridge or road, travelling with carriages or other
vehicles, each person shall seasonably drive his carriage or other
vehicle to the right of the middle of the travelled part of such
bridge or road, so that their respective carriages or other vehicles
may pass each other without interference; that one party passing
another going in the same direction must do so on the left-hand side
of the middle of the road, and if there is room enough, the foremost
driver must not wilfully obstruct the road.[36]
[36] Pub. St. c. 93.
Although these are statutory rules, yet they are not inflexible in
every instance, as on proper occasions they may be waived or
reversed. They are intended for the use of an intelligent and
civilized people; and in the crowded streets of villages and cities,
situations or circumstances may frequently arise when a deviation
will not only be justifiable but absolutely necessary. One may
always pass on the left side of a road, or across it, for the
purpose of stopping on that side, if he can do so without
interrupting or obstructing a person lawfully passing on the other
side.[37] And if the driver of a carriage on the proper side of the
road sees a horse coming furiously on the wrong side of the road, it
is his duty to give way and go upon the wrong side of the road, if
by so doing he can avoid an accident.[38] But in deviating from the
"law of the road," one must be able to show that it was the proper
and reasonable thing to do under the circumstances, or else he will
be answerable for all damages; for the law presumes that a party who
is violating an established rule of travelling is a wrongdoer.[39] Of
course a person on the right side of the road has no right to run
purposely or recklessly into a trespasser, simply because he has
wrongfully given him the opportunity to receive an injury, and then
turn round and sue for damages arising from his own foolhardiness
and devil-may-care conduct.[40]
[37] Angell on Highways, Sec. 336.
[38] Shear. & Red. on Negligence, Sec. 309.
[39] 121 Mass. 216.
[40] 12 Met. 415.
Every one seeking redress at law on account of an accident must be able
to show that he himself was at the time in the exercise of ordinary
care and precaution, and it is not enough for him to show that somebody
else was violating a rule of law. When the road is unoccupied a
traveller is at liberty to take whichever side of the road best suits
his convenience, as he is only required "seasonably to drive to the
right" when he meets another traveller; but if parties meet _on the
sudden_, and an injury results, the party on the wrong side of the
road is responsible, unless it clearly appears that the party on the
proper side has ample means and opportunity to prevent it.[41]
[41] 10 Cush. 495; 3 Carr. & Payne, 554; Angell on Carriers,
Sec. 555.
Where there is occasion for one driver to pass another going in the
same direction, the foremost driver may keep the even tenor of his
way in the middle or on either side of the road, provided there is
sufficient room for the rear driver to pass by; but if there is not
sufficient room, it is the duty of the foremost driver to afford it,
by yielding an equal share of the road, if that be practicable; but
if not, then the object must be deferred till the parties arrive at
ground more favorable to its accomplishment. If the leading
traveller then wilfully refuses to comply, he makes himself liable,
criminally, to the penalty imposed by the statute, and answerable at
law in case the rear traveller suffers damage in consequence of the
delay. There being no statute regulations as to the manner in which
persons should drive when they meet at the junction of two streets,
the rule of the common law applies, and each person is bound to use
due and reasonable care, adapted to the circumstances and place.[42]
[42] 12 Allen, 84.
By the "travelled part" of the road is intended that part which is
usually wrought for travelling, and not any track which may happen
to be made in the road by the passing of vehicles; but when the
wrought part of the road is hidden by the snow, and a path is beaten
and travelled on the side of the wrought part, persons meeting on
such beaten and travelled path are required to drive their vehicles
to the right of the middle of such path.[43] Many drivers of heavily
loaded vehicles seem to think that all lightly loaded ones should
turn out and give them all the travelled part of the road. No doubt
a lightly loaded vehicle can often turn out with less inconvenience
than a heavily loaded one, and generally every thoughtful and
considerate driver of a light vehicle is willing to, and does, give
the heavy vehicle more than half the road on every proper occasion;
but the driver of the heavy vehicle ought to understand that it is
done out of courtesy to himself and consideration for his horses,
and not because it is required by any rule of law. The statute law
of the road in this State makes no distinction between the lightly
and the heavily loaded vehicle. Both alike are required to pass to
the right of the travelled part of the road. In case of accident the
court would undoubtedly take into consideration the size and load of
each vehicle, as bearing upon the question of the conduct of the
drivers under the circumstances, and their responsibility would be
settled in accordance with "the law of the road," modified and
possibly reversed by the situation of the parties and the
circumstances surrounding them at the time.[44]
[43] 4 Pick. 125; 8 Met. 213.
[44] 111 Mass. 360.
A traveller in a common carriage may use the track of a street
railway when the same is not in use by the company; but the company
is entitled to the unrestricted use of their rails upon all proper
occasions, and then such traveller must keep off their track, or
else he renders himself liable to indictment under the statutes of
the State.[45]
[45] Pub. St. c. 113, Sec. 37; 7 Allen, 573.