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Show I POPULAR TALKS ON LAW fl THE RULE OF THE ROAD. H Dy Walter K. Towors, A. B. , J. D., of tho Michigan Bar. H Tho road3 arc Tor tho uso and con- H vonlonoo or tho public as a whole, and H tlio public has iho right or travorslngr the H roads Tor purposo or travol and to make H transror or their goods. This right to H tho uso or tho highways is that or every B poFSon. Or course this right or passago H must ho oxorclsed in a roasonablo manner. H Thus cattle maj ho driven through the H public highways, subject to proper rcgu- H latlon by municipal authorities, und H wagons or trucks may bo used to haul H loads over tho roads. Hj Dut tho roads may not bo used proporly HI lor sports or diversions. Neither may H n person using tho highway stop and H stand rol" an unreasonable length or time. Hj or cotirso somo stops nro pormltted and M ere necessary, but an unreasonable pause H is unlawrul and an Improper uso or tho H public highway Stops which lntorrorc M with travelers and provent tho rroc uso H or the rood are Itnpropor. H An oarly orrort was made to bar auto- H mobllos from tho public highways, as m being an unreasonable moans or travol. H Dut It Is now r Irmly established that an H automobllo Is a proper conveyance ror uso H In the public roads. Autnmoblllsts have M equal rights with othor travelers and equal m responsibilities. Thoy are, like all others, J subject to reasonable regulations that may H bo imposed by the authorities, such as H registration and license. H Tho user or tho ramlllar bicycle was H himseir rrownod upon at an oven earlier m day, but, like tho auto..iobllIst, established H his vchlclo bcroro tho law as a proper H user or public roads. Llko tho nutomobtl- H 1st ho is subjoct to regulations, must uso M duo caro to avoid Injury to pedestrians H and othor travolers, and must obey tho H rules or tho road. Even tho traction on- BH glno may bo driven ovor tho roads undor Bfl proper .restrictions. Tho legislature may, H and frequently doos requlro by law that a H riagman accompany tho onglno, or that H othor procautlons ho taken. Dut a trac- H tlon onglno may not bo drivon ovor a road H so as to Injure tho road or sorlously lntor- H fore with othor monas or travol. Qonor- H ally spooking a highway may ho usod H even to move a house, but always subject H to tho regulations or tho authorities. H As the automobllo and tho blcyclo havo H a right to tho use or tho road thoy aro H not responsible moroly becauso or tholr H presence, ir a horso becomos rrclghtoned B and, running away, lnjuros the driver. H ir tho automoblllst or bicyclist bo negll- PjH g(jnt ho Is responsible ror tho results or JHH Ill's carlcssnoss, bocauso or this wrong H which has rosultcd in Injury to the driver, H but in tho absonco or any nogligonco on Hj his part ho Is not responsible ror lnjurlos H caused moroly because his convoyanco Is H upon the roads. H What Is familiarly known as tho "rule H or tho road" Is appllod to all public ways M or ovory description. Tho law Is stmplo H and ramlllar to us all, that on mooting H a vohlclo tho drlvor must keep to tho right. HH Tho English revorso the rule or tho HE road and with thorn vehicles keep to tho H left. Dut tho lew covering tho uso or H tho road requires that tho drlvor do moro H than keep to tho right, when passing one iH going In the opposite direction. Ho must IH In addition try to avoid accidonts rrom H whatovor causo. ir a travolor rails to H turn to the right as Is roquirod by tho H rule or tho road ho Is ordinarily, rospon- H slblo for tho rosulting accldont and must HH answer to tho Injured person In damages. H Howovor, one may broak tho rulo or tho H road and ir an accldont which occurs did HB not hapj) becauso of tho failure to ob- B servo U 'tie or the road, but ror some H othor causo, tho porson disregarding the H rule of the road could not bo bold respon sible ror tho accldont. Similarly one might turn to tho right and yot manage his vohlclo so negligently that an Injury resulted. For this he would bo responsible respon-sible and the mere ract that ho obeyed the rulo or tho road would not protect him. Dosldo the gonoral rulo or tho road that vohlclos shall turn to tho right on meeting thoro aro many othor rules governing tho uso or tho roads to which tho law gives orrect. Ordinarily a lighter vehicle is bound to avoid tho heavier vehicle as rar as possible This docs not relievo the heavier vohlclo rrom tho duty to turn to tho right whon rasslng, ror It Is required to keop to ono sldo as much as possible that tho llghtor vohlclo may pass. If these regulations bo not observed by either party and an accident results, tho party whoso Tailuro to oboy the rules was responsible for the accident must answor to the Injured In-jured party In damages. Unless thore Is somo statute or ordinance ordi-nance of tho state or municipality which specifies a dorinlto rule, ono overtaking another on tho road may pass on clthor side. Somo stb es," as Now Jersoy, have spociNed that tho ehlcIo overtaking and passing another shall pass to tho lert. Proper caro Is required in all cases. One vohlclo rollowlng another Is required to keop a saro dlstanco In tho roar. Duo caro must be used In turning across a road. Tho goneral rulo Is that tho rulo or tho road which required vehicles passing each other to keop to the right does not apply to vehicles meeting at a cross road and moving across each other's path. Each Is oxpocted to uso caro and diligence to avoid collision. Ono who turns a corner at a high rato or speed undor such circumstances cir-cumstances that ho cannot seo up tho cross roads Is gonorally hold to bo nogll-gont nogll-gont and logally responsible ror tho con-soquoncos con-soquoncos that may rollow. In turning a corner tho vohlclo should bo kept away rrom tho lort curb. Tho rulo or tho road doos not-npply to him who walks. Tho podostrlan may turn whither ho will. Neither Is ho conrinod to regular crossings but may cross whore ho will. Persons who drive vehicles are bound to e.xorclso caro not to run down podostrians. Dut tho podostrlan has no right or way and must tuko caro to avoid injury and to keop out or tho way or vohlclos. The pedestrian and the driver havo equal rights. Not rrequontly certain cer-tain vohlclos, as riro ongines, pollco and mail wagons aro glvon a right or way by law. Dut all or tho mombors or tho public who aro not In somo such special class havo equal rights in tho roads. Each must rospoct tho rights or tho othor, howovor how-ovor ho may travol, and rocognlzo his responsibilities re-sponsibilities ir through his Tailuro to oxorclso caro and oboy tho rules or tho rood an Injury rosulis. How much caro must bo takon In each and ovory clrcumstanco must dopond upon tho circumstances or tho particular case Usually tho question or wholhor a particular par-ticular act was legal nogligonco doponrfs upon tho vlow point or tho Jury or twolvo men, or women, who try tho case. Tho roquiremont or tho law is that a porson act as a carorul and prudent porson should whon placod In tho particular circumstance circum-stance which arise, having rogard to the rulos or tho "oad. Reckless driving Is not toloratod by tho law and racing in a public way Is, in ltsoir, ovldonco or nogligonco. In cities tho congestion or tho stroots nocossltates the enactment or many traffic regulations. Where these exist thoy must be added to the rules or the road that aro general and In existence evorywhor,. (Copyright 1013, by W. K. Towers). |
