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| Patalano v. Cray, 139 At 471 (1927). A bicyclist riding down a hill and over a bridge hit a depression near some cobblestones; he was thrown off his bicycle and injured. The bicyclist said he was going about 15 mph and saw an automobile traveling ahead of him at a speed faster than his own. The automobile driver testified that he couldn't see the hole but he did feel a bounce. It didn't bother him enough to stop and look at the hole. The bicyclist admitted he was riding in an upright position and not looking down at the road. This admittance was held to be a contributory negligence on his part. The court noted that they saw no reason to overturn the precedent set by Fox v. Clarke as the legislature had not seen fit to include bicycles in the statutory duty of care regarding the maintenance of roads and highways. | ||||
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