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| Emelle v. Salt Lake City, 181 P 266, 54 Utah 360 (1919). A bicyclist riding on a road at 9:30 PM hit an "automobile approach" made of 2x6 stringers with planks 2x6 and 2x8 and 9 feet in length running crosswise of said stringers. The approach was extending from the top of the curb over the gutter and onto the paved part of the street in a sloping or wedge shape. The approach was weather-beaten, gray, had become loose and moved out into the paved part of the street with only one corner remaining on the curb. The jury was instructed that it was the city's duty to maintain the street in a reasonably safe condition for all kinds of vehicles, including bicycles. The plaintiff attempted to argue that the "ride to the right" rule (exact wording: "Every person driving a slow moving or heavily loaded vehicle and riders of bicycles shall keep close to the right-hand curb, allowing more swiftly moving vehicles to pass on the left.") compelled her to stay to the right and made it necessary to run into the approach rather than trying to avoid it. There was no overtaking traffic at that time. The language in the case, at 181 P 272, seems to imply that the rule compels bicyclists to ride as far right as possible where there is overtaking traffic. The jury found that the street was well lit, that the plaintiff should have been able to see the obstruction, and that there was no overtaking traffic preventing her from steering around it. Judgment for defendant affirmed. | ||||
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