“Why, then, if it is practicable, the front one must give an equal portion of the road to his fellow biped behind; and if it is not practicable, number two must follow in Job’s steps and exercise the Christian grace of patience, and wait until a more favorable spot is reached. If number one will not turn out when he can, he is answerable at law for it. His pursuer, however, must not take the matter into his own hands and attempt to force his way past.”[216]
“It is,” I said, “fortunate, however, that these laws of the road are not inflexible like those of the Medes and Persians of antique days, but may on occasions be departed from.”[217]
“Yes; if there is no other carriage in the way, or if the road is broad enough, one may go on whatever part he fancies:[218] and in the crowded streets of a city situations and circumstances may frequently arise, where a deviation will not only be justifiable, but absolutely necessary.[219] And, of course, one may pass on the left side of a road, or across it, in order to stop on that side;[220] and conveyances stationary may be on either side.”[221]
“I believe that if there was sufficient room for a defendant to pass without inconvenience, it will not assist him when sued to say that the plaintiff was on the wrong side.[222] Mr. Angell tells us that if, a man, not on his own side, suddenly meets another and an injury results, he who is voluntarily in the wrong must answer for all damages, unless the other individual could have avoided the accident.[223] And the fact that the one on the wrong side is not able to turn out will not avail him as a defence.”[224]
“Of course not. The injured one has not only to show that the injurer was on the wrong side, but also that he himself exercised ordinary precaution to avoid collision.[225] If my share of the road is trenched upon I cannot recklessly run into the trespasser, and then turn round and sue for injury arising from my devil-may-care conduct. I may, of course, try to pass, if passing is reasonably prudent; if not, I ought to delay and seek redress at law, if damage ensue from my detention.[226] If a wagon comes along so heavily laden that I cannot pass it, the driver should stop at a convenient place to let me go by.[227] A man on foot, or on horseback, or in a light trap, cannot insist upon a teamster with a heavy load giving up part of the beaten track, if there be sufficient room to pass without his doing so.”[228]
“I believe,” I said, “that in winter when the proper road is covered with snow, and the beaten track is at the side, persons meeting on it must turn to the right.”[229]
“If a collision does take place,” said Smith, who talked as if he had inwardly digested all the reports ever published, “through a defendant’s fault, the plaintiff may recover against him damages commensurate with the whole of the injury sustained.[230] And, by-the-by, I noticed the other day, that the laws of the road do not apply to buildings which are traversing the highway.”[231]
“I should think not,” I replied.
A pause for a few minutes took place. Better far for me if it had never been broken on that day. But it was ordained otherwise.
“Well,” said Mr. Smith at length, “we have had a very pleasant drive together, and a very interesting conversation. I have enjoyed myself very much, for it is not very often that one can meet on the top of a coach, in this Ultima Thule of civilization, with a man who can discourse so learnedly on the law of carriers as you have done. But I regret to say that I must leave you at this little tavern, where the stage stops for dinner.”