“Quite correct, Mr. T. J.; your store of legal lore is rapidly accumulating. In the case you put, both of us would be equally answerable for any accident arising from the misconduct of either whilst it was under our joint care,[35] and if we had hired the horses to draw my sleigh, and had likewise obtained the services of a driver, then we would not be liable for the negligence or carelessness of that driver.”[36]
“Look out! you had better keep on your own side of the road,” said Jones.
“Never mind, I can go on either side. I’ll only have to keep my eye a little wider open to avoid collisions;[37] besides, there is plenty of room for any person to pass, so he would have only himself to blame in case of accidents.”[38]
“A person approaching you might think there was not sufficient space.”
“If an accident happens, it will be a matter of evidence whether I have left ample room or not;[39] so you can look about you and see.”
“But suppose some fiery steed was to run into yours?” urged Thomas, “or you upset in the ditch?”
“My being on the wrong side would not prevent my recovering against a negligent driver, as long as there is room for him to pass without inconvenience.[40] Nor would it interfere with my getting damages from the city for injuries caused by their defective roads.[41] Whoa, old fellow!” I cried, just as I was on the point of running over a philosopher who was walking slowly over a crossing gazing up at the azure vault of heaven. “What a stupid donkey; it is as much his business to be watchful and cautious that he does not get under my sleigh, as it is mine that my sleigh does not get over him![42] It is gross carelessness for one to attempt to cross a street when he sees a horse and vehicle coming rapidly along; and if that fellow had been injured, he could have got nothing out of me.[43] A man who does not use all his senses when crossing a highway is guilty of contributory negligence, and so loses all right of action.”[44]
“Yes,” said T. J. “Still a foot passenger has a clear right to cross a road, and persons driving must avoid running him down; it will be no valid excuse that one could not pull up his nag for fear of the reins breaking, for he should have good harness.[45] But we may pass a pedestrian promenading on the road on whichever side is most convenient, for the rules of the road do not apply to walkers;[46] they have no prior right of way.”[47]
“No; men walking and driving have equal rights on the streets; all must exercise care and prudence;[48] and a pedestrian should not indulge in nice calculations of chances, and run the gauntlet of carriages in crossing a road.”[49]
“I was out driving last Sunday”—Jones began.