CHAPTER X.

"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.

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