“That is difficult to say. Depends on circumstances. A mile in four minutes is too fast,[67] and if you go a mile in three minutes and ten seconds you become liable for all consequences.[68] Even where a man was driving at only a smartish pace and ran over a donkey he had to pay for it.[69] But one may drive rapidly on an open country road where the chance of collision is slight.”
“Look out, Eldon!” cried my gentle spouse. “See, a load of wood has just upset there! What a nuisance!”
“Not legally so, as the man went over accidentally.”[70]
As we drove past we heard the woodman complaining bitterly that a sleigh that had just met him had not turned out enough, and hence his mishap.
“Too bad,” I said; “people ought to show an accommodating spirit and cautious watchfulness in avoiding difficulties when the roads are so badly blocked with snow.”[71]
“But,” said my wife, who seemed to have an idea in her head,—there was an abundance of room for it,—of qualifying herself to carry on my business if some unforeseen event should chance to carry me off before I had realized some little independence. “But, I thought the towns, or corporations, were bound to keep their roads safe and convenient. I am sure that this one is neither safe nor convenient when we have to pass any one.”
“Your supposition is correct. The rule applies as well to a turnpike company as to a town,[72] and to defects and obstructions caused by drifts of snow.[73] Accumulations of snow and ice must be removed so that streets and highways may be passable.[74] Of course it is plain, as a Canadian judge once remarked, that the owner of a road cannot be expected to clear the snow off the ground whenever it falls, or even to remove the ice which may form there. It would frequently be an impossible work to attempt it, and it would often be mischievous and a nuisance to effect it. Snow forms the best and most suitable means of travel in winter, and even when it falls to a great and unusual depth, it is not the duty of any one, as a rule, to remove it from the road. Nor can any one be required to remove mud and mire from a road. There are, however, cases when snow, ice, and mud may and must be removed, and that is when they cause an obstruction or danger which can properly and reasonably be removed.[75]
“If the corporation neglects its duty, what must an unfortunate traveller do?”
“If the highway is impassable for any reason, he certainly should not try to force a passage, for he would not be able to recover for his loss of time, or his trouble and expense in extricating his team from a snow-drift.[76] But he may go upon the adjoining land,[77] as we are going to do now.”
“That is rather hard upon the poor farmers,” said my wife. “Why, we may be driving over a field of fall wheat!”