RULE OF THE EOAD. 309 



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

 the old rule. The new rule has been introduced from con- 

 siderations of convenience and safety ; and the reason is 

 very obvious, because tramway cars pass upon two lines 

 of tramways, one in one direction, and another in the 

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

 side, there would be very great danger of their coming into 

 collision with another car coming the opposite way. That 

 is the reason of the rule." 



In America it has been held that the rule of the road Ordinary 

 had no appHcation to the meeting of ordinarv vehicles with yeliides meet- 

 street cars ; the ground for such decision being, that the tram cars. 

 latter cannot turn off their path, and the former should 

 turn to that side which appears, under the circumstances, 

 to be the safest, without regard to the usual rule ; and the 

 fact that either was on the left of the road at the time of a 

 collision is no evidence of negligence {p). And for the 

 same reason, when a collision occurs between an ordinary 

 vehicle and a street car, travelling side by side, the pre- 

 sumption is that the driver of the vehicle was negKgent, 

 the car being unable to turn out (q). This rule appears 

 to be dictated by common sense, and to be applicable to 

 similar cases of collision between an ordinary vehicle and a 

 tramcar in England. 



The law as to foot passengers is laid down in the follow- Foot pag- 

 ing case, where an action of trespass was brought for sf*iig<*r8. 

 running over a foot passenger with a carriage which was 

 on its wrong side of the road, and Mr. Justice Patteson 

 said to the jury, "Afoot passenger has a right to cross a 

 highway ; and it was held in one case (r) that a foot pas- 

 senger has a right to walk along the carriage way. But 

 without going that length, it is quite clear that afoot pas- 

 senger has a right to cross, and that persons driving car- 

 riages along the road are Hable if they do not take care 

 so as to avoid driving against the foot passengers who are 

 crossing the road ; and if a person driving along the road 

 cannot pull up because his reins break, that will be no 

 ground of defence, as he is bound to have proper tackle." 



" With respect to what has been said about the car- Eule of the 

 riage being on the wrong side of the road, I think you '■"'^'J ^°''^ ^°^ 

 should lay it out of your consideration, as the rule as to 



(p) SeganY.Mnhth Avenue Hail. 41 Cal. 109. 

 Co., 16 N. Y. 380. (»-) JSoss v. litton, 5 C. & P. 



(g) Sui/dam v. Grand St. Sail. 407. 

 Co., 41 Barb. 365 ; Sie^el v. Msen, 



