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| Fontaine v. Follett, 155 At 363 (1931). A minor bicyclist was riding on the road late in the evening. He hit a depression in the road and was thrown off his bicycle. He suffered a fractured arm. He was able to recover damages because three weeks prior a hand drawn wagon hit the same depression and overturned, throwing the occupants onto the road; the court held that a bicyclist would be able to recover from a hazard on the road provided the bicyclist could show that such a hazard would endanger the ordinary carts and carriages for whom municipalities were statutorily required to maintain their roads. They also distinguished this case somewhat from Patalano v. Cray, in that they noted the incident in that case happened in daylight and acknowledged that a driver operating late in the evening should not have to watch constantly the road for hazards. | ||||
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