CHAPTER XI.

EQUESTRIANS AND PEDESTRIANS.

In England "the law of the road" applies as well to equestrians as

to travellers by carriage, and I can see no good reason why it

should not do so here. The statutes are silent on the subject, and I

cannot find that our Supreme Court has ever had occasion to pass

upon the question; but it has been decided in some of the States

that when a traveller on horseback meets another equestrian or a

carriage, he may exercise his own notions of prudence, and turn

either to the right or to the left at his option.[46] By common

consent and immemorial usage an equestrian is expected to yield the

road, or a good share of it, to a wagon or other vehicle. It has

been decided in Pennsylvania that if he has a chance to turn out and

refuses to do so, and his steed or himself is injured by a

collision, he is remediless.[47]

[46] 24 Wend. 465.

[47] 23 Penn. St. 196.

It is clear that the statute law of the road in this State is not

applicable to people on horseback, as it is expressly limited to

carriages or other vehicles, and therefore equestrians are amenable

only to the common law of the land. By this law they are required to

ride on the public ways with due care and precaution, and to

exercise reasonably good judgment on every occasion, under all the

attendant circumstances. When they meet wagons, whether heavily

loaded or not, they ought to yield as much of the road as they can

conveniently,--certainly more than half, as they do not need that

much of the road to pass conveniently,--but when they meet a vehicle

in the form of a bicycle there seems to be no good reason why they

should yield more than half the road. For the convenience of

themselves and the public at large, on meeting vehicles or each

other, they ought to pass to the right, as by adopting the statute

law of the road in this respect order is promoted and confusion

avoided.

A public thoroughfare is a way for foot-passengers as well as

carriages, and a person has a right to walk on the carriage-way if

he pleases; but, as Chief Justice Denman once remarked, "he had

better not, especially at night, when carriages are passing

along."[48] However, all persons have an undoubted right to walk on

the beaten track of a road, if it has no sidewalk, even if infirm

with age or disease, and are entitled to the exercise of reasonable

care on the part of persons driving vehicles along it. If there is a

sidewalk which is in bad condition, or obstructed by merchandise or

otherwise, then the foot-passenger has a right to walk on the road

if he pleases. But it should be borne in mind that what is proper on

a country road might not be in the crowded streets of a city. In law

every one is bound to regulate his conduct to meet the situations in

which he is placed, and the circumstances around him at the time. A

person infirm with age or disease or afflicted with poor eyesight

should always take extraordinary precaution in walking upon the

road.[49] Thus, a man who traverses a crowded thoroughfare with edged

tools or bars of iron must take especial care that he does not cut

or bruise others with the things he carries. Such a person would be

bound to keep a better lookout than the man who merely carried an

umbrella; and the man who carried an umbrella would be bound to take

more care when walking with it than a person who had nothing.[50]

[48] 5 Carr. & Payne, 407.

[49] 1 Allen, 180.

[50] 1 Addison on Torts, Sec. 480.

Footmen have a right to cross a highway on every proper occasion,

but when convenient they should pass upon cross-walks, and in so

doing should look out for teams; for it is as much their duty, on

crossing a road, to look out for teams, as it is the duty of the

drivers of teams to be vigilant in not running over them. "The law

of the road" as to the meeting of vehicles does not apply to them.

They may walk upon whichever side they please, and turn, upon

meeting teams, either to the right or to the left, at their option,

but it is their duty to yield the road to such an extent as is

necessary and reasonable; and if they walk in the beaten track or

cross it when teams are passing along, they must use extraordinary

care and caution or they will be remediless in case of injury to

themselves. They may travel on the Lord's day for all purposes of

necessity or charity; and they may also take short walks in the

public highway on Sundays, simply for exercise and to take the air,

and even to call to see friends on such walks, without liability to

punishment therefor under the statutes for the observance of the

Lord's day, and they can recover damages for injuries wrongfully

sustained while so walking.[51]

[51] 14 Allen, 475; Barker v. Worcester, 139 Mass. 74.

The Road and the Roadside · 第 11 / 19 章