178 TRAMCARS. 



and the one behind is going faster than the one in front, the 

 rule is, not that the one behind is to go across the medium 

 filum to the other half of the road, but that the one in front 

 shall draw to the side and let the faster vehicle pass ; and 

 this is essential, because if there is an obstruction in the centre 

 of the road, then the one coming behind is not bound to take 

 the right side ; he must take the vacant part of his side of 

 the road. This is the rationale of the rule of the road where 

 the thoroughfare is crowded, "(a) The rule applies both to 

 saddle-horses and carriages.(6) This rule, however, is subject 

 to exceptions. If an injury can be averted by departing from 

 it, a driver is liable if he cause an injury by adhering to the 

 rule of the road ; (c) but when parties meet suddenly and an 

 injury results, the party on the wrong side is held answerable 

 unless it appear clearly that the party on the proper side had 

 ample means and opportunity to prevent it ; {d) and a person 

 riding or driving upon the wrong side of the road must use 

 more care and keep a better look-out than if he is on the 

 proper part of the road.(e) 



144. Tramcars. — The general rule of the road suffers 

 another exception in the case of tramway cars. Tramway 

 cars must be treated as if they were permanent obstruc- 

 tions. (/) " When a carriage is coming up behind a tramway 

 car, and the car stops, the driver of the other vehicle shall 

 pass upon the left hand side. That is the opposite of the old 

 rule. ... If vehicles were to pass a car on the right hand 

 side there would be very great danger of their coming into 



(a) Per Lord Justice-Clerk IMoncreifif in Ramsay v. Thomson cO Sons, 1881, 9 R. 

 140, 145. 



(6) Turhy v. Thomas, 1837, 8 C. and P. 103. 



(c) Turley, cit. ; Finerjan v. L. .£• N.-W. By. Co , 1889, 53 J.P., 663, before Lord 

 Chief-Justice Coleridge. 



(fZ) Chaplin, cit. ; Clay v. Wood, 1803, 5 E.'^p. 44 ; LJoijd v. Ojlehy, 1859, 5 

 C.B., N.S. 667. 



(e) Pluckwdl V. Wilson, 1832, 5 C. and P. 375. 



(/) Lord Craighill in Ramsay, cit. 



