LAW OF THE FARM. 309 



highway, upon the ground that it is a nuisance, does so at his own risk, and 

 if he misjudges he is liable for damages. He should be careful, therefore, 

 how he takes the law in his own hands. 



It is the duty of travelers upon a public highway, for the purpose of avoid- 

 ing collision and accident, to observe due care in accommodating themselves to 

 each other. The law imposes the duty upon every one, when on a public high- 

 way, of using reasonable care and diligence to avoid threatened danger, and to 

 protect himself and property therefrom, and for this purpose he is bound to 

 use all his senses, and one who does not use his senses is guilty of what the law 

 terms coutributive negligence, if he be injured by the negligence of another. 

 A foot traveller who attempts to cross a public highway ahead of an approach- 

 ing team, under circumstances requiring a close estimate of his chances of 

 crossing safely, cannot recover for injuries sustained inconsequence of the neg- 

 ligence of the driver of the team, because his own negligence contributes to 

 the injury. He must himself be without fault. In the use of a public high- 

 way you have a right to expect from others ordinary prudence, and to rely upon 

 that in determining your own means of using the road. "When a driver attempts 

 to pass another going in the same direction he does so at his peril. At least he 

 must be responsible for all damage which he causes to the one whom he 

 attempts to pass, and whose right to the proper use of the road is as great as 

 his own, unless the latter is guilty of such recklessness, or even gross careless- 

 ness, as would bring disaster upon himself. 



I have observed that it is the duty of travelers upon highways to observe due 

 •care in accommodating themselves to each other. To subserve this purpose 

 the rule in England is that, in meeting, each party shall turn to the left. In 

 this country the law requires them to bear to the right. The reason of this 

 difference is in the character of the public highways. In England the danger 

 is much more from collision with the passing team than from obstructions or 

 embankments. Hence the driver should be where he can observe the greatest 

 peril. This rule, however, does not apply to equestrians or foot passengers. 



The statute of this State provides that passing teams shall bear to the right 

 of the middle of the traveled part of the road. This means that part which 

 is wrought for traveling, and is not confined simply to the most traveled wheel 

 track. 



And it has been held to be no defense to an action that the party had no 

 design to injure, that he attempted to prevent a collision, that the road on his 

 side was rough and rutty, and that it was more difficult for him than for the 

 other party to turn out. Unless the obstacles to turning out are insuperable, 

 or extremely difficult, he is without excuse. 



A traveler on horseback meeting another horseman, or a vehicle, is not 

 required to turn in any particular way to avoid collision ; he must exercise due 

 care under the circumstances. A person on foot or on horseback cannot com- 

 pel a teamster, who has a heavy load, to leave the beaten part of the road, if 

 there be sufficient room to pass; and this rule applies where a person on horse- 

 back meets a loaded buggy. Where a horseman or light vehicle can pass 

 with more safety to the left of a heavily loaded wagon, it is their duty to give 

 way, and leave the choice to the more unwieldy. 



Where a child, of such tender age as not to possess sufficient discretion to 

 avoid danger, is permitted by its parents to be in the highway without any 

 one to guard it, and is there run over by the carriage of a traveler and injured, 

 no action will lie against the traveler, unless the injury was voluntary, or 

 arose from culpable negligence on his part; and although the child, by reason 



