228 BOARD OF AGRICULTURE. 



on a way at a place unsafe or inconvenient for passing him with a 

 team, he is, if requested, to drive to the right or left, or to stop a 

 reasonable time at a convenient place to allow the other to pass." 



The old statute of 1840 did not have the words "if requested," 

 nor enjoin any request except where a party overtook another ; 

 but still the decision in the case of Kennard vs. Burton, 25 Me., 

 settled the principle, that a party, seeing that another has a load 

 of such magnitude that he cannot conveniently turn from the road, 

 is bound, being in a light carriage, to stop a reasonable time, at a 

 convenient place, to let that team pass. On the other hand, I 

 apprehend that it is the duty of the driver of a heavy team, if he 

 sees that he is approaching a lighter team, to stop his team, 

 whether requested or not, in a convenient place fur the other to 

 pass, and if any accident happens in consequence of his neglect to 

 do this, he is liable for damages, the other party being in the exer- 

 cise of ordinary care. 



Suppose you see a team stationary in the road, or you are ap- 

 proaching a loaded team, and undertake to drive by. Here the 

 injunction is peremptory. You cannot blame a teamster for mov- 

 ing slowly. You at your own risk put the whip to your horse and 

 attempt to drive by. You should request him to wait. It is 

 always safe to make this request of the other party. To be 

 sure, if you did not do it, he would not be justified in assaulting 

 you or unnecessarily crowding you out of the road, but it is your 

 bounden duty, when you want to go by a team which is moving 

 too slowly for you, to call upon the party and request him to stop 

 there, or at some other place near by, or to turn out where you 

 can safely pass. 



Every person who claims damages of another who travels upon 

 the road, must be in the exercise of ordinary care himself. If any 

 damages occur, partly by his own fault and partly by the fault of 

 the other party, ho cannot recover. If, however, he is guilty of 

 some little neglect, but his neglect docs not contribute to produce 

 the injury, he may recover. But if his own carelessness helps to 

 produce the injury, he cannot recover any damages, though the 

 other party was in fault. You may be seriously injured by a col- 

 lision with a team or otherwise, but if ynu have done some wrong 

 yourself, however small, which contributes to produce the injury, 

 then you cannot recover. You must not allow your team to re- 

 main stationary so as to obstruct travel, nor to be on the road 

 without a driver. 



