The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 841
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BORDEN'S CONDENSED MILK CO. V. MOSBY
following is an extract from his testimony on the direct examina-
tion :
"Q. What did you do when you went to turn over into the outbound track?
A. Naturally I looked around to see if there was anything behind me. Q.
Did you see anything? A. I did not. * * * "
And the following is from his cross-examination:
"Q. Had you turned around before the accident? A. Yes. Q. You saw the
automobile coining? A. I did not see the automobile coming. Q. What did
you see when you turned around? A. When I turned around I saw nothing;
it was a plain road. Q. There was no automolle in sight? A. Nothing at all.
Q. How long before the accident did you look around? A. I can't say how
long it was. Q. Was it a second, or a minute, or ten minutes? A. I can't
say. Q. You don't know? A. I can't say. Q. You don't know whether it
was 15 minutes then? A. I don't know. Q. You had turned around before
the accident? A. Yes; I had turned around before the accident. Q. Just
before the accident? A. Yes; before the accident. Q. How far had you
gone in that time, a block or a few feet ? A. I should say, I should Imagine,
about 4 or 5 feet."
The space between the extreme outside rails of the two tracks is
paved with Belgian blocks, and on each side is a strip of asphalt, which
on the morning in question was slippery. The two parties wanted
to keep off the asphalt and on the tracks. That the driver of the
truck was on the wrong side of the road when it swerved is admitted.
[1] In England the rule is that drivers of vehicles, approaching
one another from opposite directions, shall each keep to the left. In
the United States the rule is that each driver shall keep to the right,
and when two vehicles are moving in the same direction, and the
driver of the one in the rear desires to pass the one in front, he shall
pass to the left of the vehicle in front. In Laufer v. Bridgeport Trac-
tion Co., 68 Conn. 475, 494, 37 Atl. 379, 383 (37 L. R. A. 533), the
court said:
"There is, however, a law of the road, a right side and a wrong side of
the road, as to all private vehicles established by universal usage."
And the court goes on to refer to "the universal usage of all wag-
ons to turn to the right." Whether there is a common-law rule of the
road in this country we need not inquire, for in most states, if not in
all, the matter is regulated by statute. And the New York statute
declares :
1. That whenever any persons traveling with any carriages meet on any
highway they shall seasonably turn to the right of the center of the road.
2. That any carriage overtaking another shall pass on the left 'ide of the
overtaken carriage. And when requested to do so the driver of the overtakenl
carriage shall as soon as practicable turn to the right so as to allow the over-
taking carriage free passage of his left.
2 Birdseye's Cumming & Gilbert Consolidated Laws of N. Y. Ann. p. 2349,
1 832.
In Peltier v. Bradley Dann & Carrington Co., 67 Conn. 42, 48, 34
Atl. 712, 32 L. R. A. 651, the Connecticut court declared that the
statutory rule as to the law of the road is limited to vehicles for the
conveyance of passengers, and has no application to the driver of a
truck for the conveyance of goods. But in that state the statute pro-
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/856/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.