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| Smith v. City of Indianapolis, 199 NE 2d 722 (1964). A 12 year old bicyclist struck the right side of a sanitation truck at a blind (possibly uncontrolled) intersection of alleys. The bicyclist was killed. Judgment for defendant affirmed. The opinion upheld Luther v. State as controlling. "It was not error on the part of the trial court in giving defendant's instruction number 17. This instruction was based upon sec. 47-513 Burns' Replacement. In the last sentence of this instruction the court made the rule of law applicable to the operator of a bicycle. An examination of sec. 47-513 Burns' 1952 Replacement indicates that it was part of the Acts of 1925. With this Act in force the legislature passed a more comprehensive act covering the operation of vehicles including bicycles, being Ch. 48 of the Acts of 1939. As we read these acts together we conclude that it was the intent of the legislature to place certain responsibilities on a person operating a bicycle which did not theretofore exist and made such person subject to the same degree of care and responsibility as the driver of any other type of vehicle." | ||||
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