14 N.H. 307 | Superior Court of New Hampshire | 1843
The decision of this case depends upon the construction to be given to the statute of this State, entitled “an act establishing the law of the road.”
The act provides, in the first section thereof, “ that in all cases of persons meeting each other, on any bridge, turnpike, or other road within this State, travelling with carriages, wagons, carts, sleds, sleighs, or other vehicle, the persons so meeting shall seasonably turn, drive and convey their carriages, &c., to the right of the centre of the travelled part of such bridge, turnpike, or road, so as to enable each other’s carriages, wagons, carts, sleds, sleighs, or other vehicle, to pass each other without interference or interruption.” And in its second section it is provided, “ that every person offending against any of the provisions of this act shall forfeit and pay, for each offence or neglect, a fine not less than one dollar, &c., and shall, moreover, be held answerable to any party, for all damages which shall be sustained in consequence of such offence or neglect.” 1 N. H. Laws 583.
The object of the statute is, to facilitate and render safe the public travel, and to prevent all interruptions thereof, by prescribing the duty of each traveller in reference to every other, and by pointing to each the part of the way over which he may in safety travel without meeting with obstacles to impede his progress, or from which he might otherwise suffer detriment. And the court, in construing the act, are bound to give it such construction as to carry into effect the purposes of those who framed it. We are to give it such construction as will secure to the careful and peaceful trav
It is the right of every one to travel on any part of a highway that may suit his taste or convenience, not occupied by another, provided no one is meeting him with teams and carriages, having occasion or a desire to pass him. If he have such occasion, it is his duty to yield to such one so having occasion, the half of the travelled track, in such season that he may pass without interruption or delay. And it is the right of each traveller so meeting, to occupy any part of the track, on the right side of the way, that he may choose. Ordinarily, then, each has the right to occupy half of the width of the travelled way in passing, and is bound to yield the other half to the other traveller, and each, in meeting, is to turn seasonably to the right. By the terms “ seasonably, turn, drive,” &c., is meant, we think, that the travellers shall turn to the right in such season that neither shall be retarded in his progress, by reason of the other occupying his half of the way which the law has assigned to his use, when he may have occasion to use it in passing. In short, each has the undoubted right to one half of the way, whenever he wishes to pass on it; and it is the duty of each, without delay, to yield such half to the other.
It is legal negligence in any one thus to occupy the half of the way appropriated by law to others having occasion to use it in travelling with teams and carriages, and he is chargeable for any injury flowing exclusively from that cause alone. The question of negligence under the statute is one of law arising upon the facts proved. Whether cases of injury, which would be properly and legally attributable to mere accident or misfortune, may arise under the statute, or what would constitute a case of mere misfortune, for which no one would be answerable, need not now be considered or decided. If carelessness or negligence be shown on the part of him who may have sustained an injury, and
Let us now apply these principles and views, so far as they are applicable and necessary, to the case under consideration, and the facts reported by the learned judge who tried the cause.
The defendant was upon the prohibited part of the way, and, for aught that appears, was voluntarily there. And it appeared that Brooks, the plaintiff, was passing there prudently, using reasonable care and proper precaution, and that an injury was sustained by him, by a collision of his sleigh with the defendant’s wagon. Here, then, was fault and negligence shown on the part of the defendant, well entitling the plaintiff to recover for the damages sustained. The opinion of the court is, that the instructions asked for were substantially correct, and should have been given to the jury upon the facts reported in the case, and there was error in withholding them.
The instructions that were given were not well warranted. The jury were told that the fact that the defendant was on the wrong side of the road, was a mere circumstance, to be considered by the jury, as tending to show negligence on the part of the defendant; and also, that, whether the defendant was negligent or not, was a question of fact for them to consider and determine upon all the facts in the case. We think it entirely clear, that the instructions thus given were erroneous. The question of negligence or fault, under
New trial granted.