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Wheeler v. City of Boone, 78 NW 909, 44 LRA 821, 108 Iowa 235 (1899). Use of a tricycle on a sidewalk by someone unable to walk does not constitute a violation of a city ordinance prohibiting operation of a bicycle on a sidewalk. The plaintiff was a 14 year old boy afflicted with stiffening of the muscles and joints, a condition to which the court referred as "callositation" (a search on Google for this term turns up nothing, but the description of the court sounds like something along the lines of juvenile arthritis or muscular dystrophy). The plaintiff was being pushed and pulled along a sidewalk by his 12 year old brother on their way to school. They were descending a hill and going quite fast when they hit a loose sidewalk board. The plaintiff was thrown from the tricycle. The City of Boone was not liable for the defect in the sidewalk, as this had apparently been there for two months or so and it hadn't bothered any of the pedestrians ordinarily using the sidewalk. From the court's opinion: "... persons who have a right to ride on the sidewalks in such vehicles may rely, the same as footmen may, on the walks being in a suitable condition for people to walk over, and have the same rights in case of injuries resulting from neglect."
The City of Boone attempted to claim the plaintiff was in violation of the ordinance prohibiting operation of a bicycle on a sidewalk. The court found that, while a tricycle is a vehicle, it does not fall within the legal definition of a "bicycle." The court appeared to reason that if the plaintiff had been using a wheelchair there would not have been a problem, and that it was not necessary to split hairs over the plaintiff's method of conveyance, as it did not change the fact that he was disabled and the sidewalk is intended for ordinary use by such persons. From the court's opinion: "Whatever may be said as to general rules of law prohibiting vehicles, including bicycles, on sidewalks, we have yet to learn of any general or local law prohibiting the use of carriages operated by hand on sidewalks for the convenience of those unable to walk; and no law should be given such effect by construction." [Further briefing and analysis may be provided in the future.] |
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