58 Minn. 555 | Minn. | 1894
This action was commenced in Justice’s Court to recover damages for injury to the plaintiff’s carriage, which plaintiff alleges was caused by the carelessness and negligence of the defendant in riding and using a bicycle in the public highway, whereby plaintiff’s horse was frightened, and became wholly unmanageable and shied, precipitating the plaintiff, horse, and carriage off from the grade and road into a swamp, and damaging the carriage of plaintiff to the amount of $15.
The plaintiff recovered judgment for $15 and costs, but, upon appeal to the District Court of Dakota county, the judgment was reversed, upon the ground that, conceding all of the testimony introduced by the plaintiff to be true, the defendant was not negligent. The decision of the District Court was right. It is true that upon a controverted question of negligence, where different deductions or reasonable inferences might be drawn by the jury from the conflicting evidence, the general rule is that the finding of the jury should not be disturbed. But upon the undisputed facts, or assuming the testimony of the plaintiff to be true, it does not show a cause of action against the defendant. A person riding a bicycle upon the public highway has the same rights in so doing as persons using other vehicles thereon. A highway is intended for public use, and a person riding or driving a horse has no. rights superior to those of a person riding a bicycle. In the use of a public highway, there are certain rights of the road which must be observed by all persons, and a
In his complaint the grounds of negligence charged are that defendant did not stop riding towards plaintiff, and ascertain whether plaintiff’s horse was likely to be frightened, and by riding upon the road grade before plaintiff had time to drive off the same. As the defendant had the legal right to be in the highway, and as there is-no allegation in the complaint that the defendant knew, or had any reason to believe or anticipate, that plaintiff’s horse would be frightened at defendant’s bicycle, or the manner in which he was riding the same, it does not charge actionable negligence. It is not the-duty of a party lawfully traveling upon a public highway upon a bicycle, when he sees a horse and carriage approaching, to'stop and inquire whether the horse is likely to be frightened, nor to anticipate that such horse will be frightened, especially in the absence of any apparent reason for so doing; and it appears from the evidence that defendant was within five to ten feet of plaintiff’s horse when he noticed that the horse was frightened. When he first saw plaintiff, he-was about 70 or 100 feet away from him, and riding at the rate of
The pleading and proof of a custom as to parties approaching each other on the grade where this injury resulted are so wanting in stating and proving all the essential elements necessary that we need not discuss this question.
The judgment appealed from is affirmed.
(Opinion published 60 N. W. 545.)