180 RESPONSIBILITY OF OWNERS OF PUBLIC VEHICLES. 



in motion, shall accompany the locomotive on foot, and shall, 

 in cases of need, assist horses and carriages drawn by horses 

 passing the same ; (a) that drivers of such locomotives shall 

 give as much space as possible for the passing of other 

 traffic ; that the whistles shall not be sounded,' nor the 

 cylinder taps opened, nor steam blown off, Avithin the sight 

 of those in charge of horses on the road ; that every loco- 

 motive shall be instantly stopped on any person Avith a horse 

 putting up his hand as a signal for that being done ; and 

 that two lights shall be carried by the locomotive between 

 one hour after sunset and one hour before sunrise. " Nothing 

 in this Act contained shall authorise any person to use 

 a locomotive which may be so constructed as to be a public 

 nuisance at common law, and nothing herein contained shall 

 affect the right of any person to recover damages in respect 

 of any injury he may have sustained in consequence of the 

 use of a locomotive. "(^)- The mere presence of such a 

 locomotive on the road, however, will not render the user of 

 it liable if he has observed the statutory regulations, unless 

 there be other fault traceable to the men in charge, or unless 

 the injured party can prove the locomotive a nusiance at 

 common law. (c) 



146. Lights — There is no obligation at common law that 

 vehicles driven by horses must carry lights at night, but such a 

 precaution should be adopted, the want of them being evidence 

 of negligence. (fZ) Bicycles must carry lamps at night.(e) 



147. Responsibilities of Owners of Public Vehicles. — 

 In addition to the duties of safe di'iving already discussed, 

 there lies upon drivers of public vehicles the further obliga- 



(a) 41 & 42 Vict. c. 58, § 4. 



(6) 28 & 29 Vict. c. 83, § 12. 



(c) Galer v. Raioson, 1890, 6 T.L.R. 17 ; see also Powell v. Fall, 1880, L.R. 5 

 Q.B.D. 597 ; Watkins v. Rcddin, 1861, 2 F. and F. 629 ; Jones v. Fcstinlog Ry. Co., 

 1868, 3 Q.B. 733 ; Rex v. Pease, 1832, 4 B. and Ad. 30. 



(rf) Gibson V. Milroy, 1879, 6 R. 890 ; Cruden v. Fentham, 1799, 2 Esp. 685. 



(e) 52 & 53 Vict. c. 50, § 58. 



