Disclaimer
|
|
|
|
|
| Fox v. Clarke, 57 At 305 (1903). A bicyclist riding on a road hit a hole or depression which had been worn in the traveled part of the street. He was thrown from his bicycle and injure. The Rhode Island Supreme Court acknowledged that the bicyclist had a right to be on the road, as a driver of a vehicle, but that the Rhode Island statutes did not impose a duty upon the towns and cities to keep their highways safe and convenient for bicycles. The statutory duty was to ordinary carts and carriages, and the bicyclist could not recover for an injury from a hazard which would not endanger an ordinary user. From the court's opinion: "A more significant act, however, is found in Pub. Laws, c. 757 (January, 1900), which provides specially for a commission of cyclists for the construction of side paths, to be 'separated and distinguished from the main traveled part' of the highway, and to be for the exclusive use of licensed cyclists. The adoption of such an act shows plainly that a highway was not intended to be maintained in such a manner as to include a bicycle within the requirements that it should be safe for carts and carriages." | ||||
| Home Disclaimer |
||||