The Law of Automobiles

Xenophon Pearce Huddy

M. Bender & Company, 1922 - Automobiles - 1348 pages

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Table of Contents

Index

DEFINITIONS AND GENERAL CONSIDERATIONS	1

CHAPTER III	28

Automobile as a dangerous machine	29

Not dangerous per se	33

Adverse judicial statements	36

Status of automoblist	38

Motive power as affecting status	39

Advantages over animaldrawn vehicles	40

Driving past street car liability of street railway company	515

Driving on walk or place reserved for pedestrians in general	516

Driving on walk or place reserved for pedestrians sidewalk	517

Driving on walk or place reserved for pedestrians safety zone	519

Motor vehicle on wrong side of street	521

Turning corner	523

At street crossing in general	524

At street crossing unfavorable weather conditions	527

Tendency to frighten horses	41

Automobiles as carriers	42

As a tool or implement of trade	43

CHAPTER IV	44

New means of transportation	45

Right of automobilist to use highways	48

Equal rights of automobilists and other travelers	50

No superior rights for automobilists	52

Ferries and vessels	53

Toll roads	54

Exclusion of nonresidents	57

Setting aside highways for speed contests	58

CHAPTER V	60

General power of regulation	61

Regulatory power lodged in legislature	62

Purpose of acts	63

Title and form of statute	65

Due process of law	66

Discrimination between owners of different machines be tween different motor vehicles	68

Discrimination between owners of different machines non residents 2288 8	69

Repeal of statutes	70

Construction of regulations	71

CHAPTER VI	73

Municipal power in general power delegated from state	74

Municipal power in general abrogation of municipal powers	76

Municipal power in general Park Commissioners	78

Regulations must not conflict with Constitution in general	79

Regulations must not conflict with Constitution discrimina tion between motorists and other travelers	80

Regulations must not conflict with State law	81

Regulations must be reasonable	84

Manner of enactment	86

Application of regulation beyond municipal limits	87

Punishment for violation of ordinance	88

CHAPTER VII	90

Interstate motoring	91

The right of transit	95

Citizens right of transit	96

Limitation on license fees	97

LICENSING AND REGISTRATION SECTION 92 Scope of chapter	101

Nature of license	102

Nature of license fee	104

Purpose of registration	105

General power to require registration and licensing	107

Power of municipal corporations in general	109

Power of municipal corporations licensing power annulled by State	110

Power of municipal corporations abrogation of municipal powers by subsequent general statute	111

Power of municipal corporations territorial application of ordinance	113

Constitutionality of regulations in general	114

Constitutionality of regulations title	115

Constitutionality of regulationsinterference with inter state commerce	116

Constitutionality of regulations prohibition of use of high ways until registration	117

Constitutionality of regulations license fees beyond cost of registration	118

Constitutionality of regulations double taxation	121

Constitutionality of regulations exemption from other taxation	122

Constitutionality of regulations taxation not based on value of property	123

Discrimination in general	124

Discrimination different sizes of machines	125

Discrimination vehicles used for different purposes	126

Discrimination dealers in different class	127

Discrimination nonresidents	128

Discrimination nonresident exemption based on reciprocity	129

Registration by particular classes of owners corporations and partnerships	131

Registration by particular classes of owners dealers	132

Registration by particular classes of owners by purchaser of machine	134

Registration by particular classes of owners issuance of blank licenses to automobile organization	135

Vehicles to which regulations are applicable	136

Display of number plate	137

Effect of nonregistration in actions for injuries Massa chusetts rule	139

Effect of nonregistration in actions for injuries general rule	143

Effect of nonregistration in actions for injuries burden of proof	146

Certificate as evidence of ownership	147

CHAPTER IX	149

Definitions	150

Status of carriages for hire jitney	152

Status of carriages for hire sightseeing automobile	154

Governmental regulation of carriage for hire greater power than over other classes of vehicles	157

Powers of municipalities in general	163

Powers of municipalitiesabrogation of municipal powers	165

Powers of municipalities reasonableness of municipal regu lation	166

Powers of municipalitiesenactment of ordinance	167

State regulatory commissions	168

Licenses in general	170

Lcenses application to vehicles	172

Licenses nature of license	173

Licenses license fees	175

Licenses conflict of State and municipal licensing systems	177

Licensesplying for hire	178

Licenses effect of failure to have license	179

Licenses transfer of license	180

Restriction to certain streets	181

Bonds power to require proprietor to give bond	183

Bonds inability to furnish bond	185

Bonds extent of suretys liability	187

Bonds liability for accident outside of municipality	189

Hack stands in general	190

Hack stands taxicab service for hotel	191

Routes and schedules	193

Taximeters	194

Rate of fare	195

Miscellaneous regulatory matters	196

Liability for injury to passenger in general	197

Liability for injury to passenger assault on passenger	199

Imputation of negligence of driver to passenger	200

Rights of proprietor of vehicle	201

CHAPTER X	203

owner for operation by hirer	204

Liability for injury from operation of machine liability for acts of driver furnished by owner	205

Liability for injury from operation of machine liability for acts of driver furnished by hirer	207

Injury to machine care to be exercised by hirer	208

Injury to machine loss of machine	209

Duties and liabilities of parties possession of machine	210

Duties and liabilities of parties termination of hiring	211

Duties and liabilities of parties compensation for hire	212

CHAPTER XI	214

Garage defined	215

Garage as a nuisance	216

Restrictive covenant forbidding garage	217

Regulatory power over garages in general	220

Regulatory power over garages licensing	222

Regulatory power over garages manner of construction	224

Regulatory power over garages keeping register of repairs	226

Rights of garage keeper	227

Liability of garage keeper in general	230

Liability of garage keeper gratuitous bailee	231

Liability of garage keeper injury by fire	232

Liability of garage keeper use of machine without owners consent	233

Liability of garage keeper damage to machine while driven by bailee	235

Liability of garage keeper conversion of customers auto mobile	236

Liability of garage keeper delay in making repairs	238

Liability of garage keepersale of inferior supplies	239

Liability of garage keeper burden of proof	240

Liability of garage keeper acts of driver injurying third person	241

Liability of garage keeper acts of servant towing disabled machine	242

Liability of garage keeper defective premises	243

Licensing of chauffeurs in general	251

Overtaking and passing other travelers turning to right	253

CHAPTER XIII	261

after passing	275

Meeting and passing other travelers in general	282

Overtaking and passing other travelers meeting third vehicle	288

Intersecting streetsequal rights of travelers	295

Signals from one driver to another	303

Excuse for violation of law of road in general	309

CHAPTER XV	315

Speed of machine violation of speed regulation as negligence	321

Degree of care required of automobilists	328

carriers	330

Unavoidable accident in general	332

Unavoidable accident conduct of driver in emergency	333

Unavoidable accident avoidance of dangerous situation	334

Unavoidable accident moving automobile under directions of police officer	335

Proximate cause concurring negligence of third party	337

Proximate cause intervening agency	338

Competency of driver of motor vehicle in general	339

Competency of driver of motor vehicle presumption as to skill of driver	340

Competency of driver of motor vehicle physical condition of driver	341

Competency of driver of motor vehicle permitting imma ture child to drive car	343

Competency of driver of motor vehicle opinion of witness as to competency of driver	344

tion as contributory negligence	348

Effect of violation of statute or municipal ordinance who may invoke violation	349

imate cause of injury	351

Effect of violation of statute or municipal ordinance con tributory negligence of injured as a defense	353

Speed of machine in general	355

Speed of machine proximate cause	356

Speed of machine unreasonable speed prohibited	357

Speed of machine statute or ordinance regulating speed	359

Speed of machine speed at night	360

Speed of machine at turns	362

Speed of machine density of traffic	363

Speed of machine street intersections	364

Speed of machine at railroad or street railway crossings	366

Speed of machine approaching embankment or descent	368

Speed of machine over bridges	369

Speed of machine regulation prohibiting unreasonable speed	370

Speed of machine violation of speed regulation as evidence	374

Speed of machine	381

Negligence in stopping	387

Warning of approach	393

1	394

Skidding	400

3	402

Leaving car in street unattended	407

statute or ordinances	414

Joinder of cause of action for injuries to two persons	420

Traction engines	426

Intersecting streets	427

Unavoidable accident failure of brakes to work	434

Turning to right to pass approaching vehicle presumption	440

Overtaking and passing forcing forward vehicle in danger	447

Overtaking and passing unexpected stop of forward	453

Approaching intersecting streets	459

Proximate cause	464

Joint liability of both drivers to third person	466

Contributory negligence generally	467

Contributory negligenceproximate result of contributory negligence	468

Contributory negligence unskillful driving	469

Contributory negligence alertness	470

RAILROAD CROSSINGS PAGE	471

Contributory negligence wantonness or recklessness of de fendant	472

Contributory negligencesudden stop	474

Contributory negligence absence of statutory lights	475

Contributory negligence excessive speed	476

Contributory negligencepassenger in dangerous position	477

Contributory negligence acts in emergency	479

Contributory negligence last clear chance	480

Pleading	481

Negligence is generally a question for the jury	484

CHAPTER XVII	487

Proximate cause	493

Unavoidable accident	497

Persons under disability	498

Children in street in general	500

Children in street child suddenly coming in front of or near machine	502

Children in street climbing on machine	504

Confused pedestrian	506

Workmen in street	507

Driving past street car in general	508

Driving past street car moving street car	511

Driving past street carassisting passenger on car	513

Driving past street car auto on wrong side of street	514

Avoidance of person standing in street	530

Sudden turning or backing without warning	531

Speed and control of automobile control in general	532

Speed and control of automobile stopping	533

Speed and control of automobile speed	535

Speed and control of automobile speed prescribed by statute or ordinance	536

Speed and control of automobile auto turning corner	537

Vehicle left standing in street	538

Lights	539

Signal of approach	540

Towing disabled vehicle	542

Pleading	546

Damages	547

Function of jury	548

CHAPTER XVIII	551

As dependent on surrounding circumstances	555

Place of crossingin general	557

Place of crossing walking along highway	560

Duty to look for approaching automobiles railroad rule to stop look and listen	561

Duty to look for approaching automobiles duty to look be fore crossing street	562

Duty to look for approaching automobiles looking for vehi cles on wrong side of street	567

Duty to look for approaching automobiles obstructed view	568

Duty to look for approaching automobiles continuing to look	569

Duty to look for approaching automobileslooking back	571

Failure to see approaching machine after looking in general	572

Failure to see approaching machine after looking view ob structed	574

Failure to see approaching machine after looking weather conditions	575

Avoidance of machine which has been seen right to cross street in front of approaching vehicle	576

Avoidance of machine which has been seen continual obser vation of approaching vehicle	577

Avoidance of machine which has been seen miscalculation of danger	578

Avoidance of machine which has been seen statements of companion as to safety in crossing	579

Reliance on proper conduct by automobilist excessive speed	581

Reliance on proper conduct by automobilist obedience to law of road	582

Reliance on proper conduct by automobilist place reserved for pedestrian	583

Stopping in street	587

Watching auto race	589

Children application of rules	591

Children children non sui juris	594

Persons under disability	595

Workmen in streetin general	596

Workmen in street violation of law by workman	597

Last chance doctrine	598

Acts in emergencies	602

Function of jury	605

CHAPTER XIX	608

Horseback travelers duty of machine operators	610

Horseback travelers contributory negligence of rider	612

Use of highway for domestic animals	613

Violation of law of road in general	616

Violation of law of road meeting and passing cyclist	617

Violation of law of roadovertaking and passing cyclist	619

Violation of law of road meeting cyclist after overtaking other vehicle	620

Violation of law of road street intersection	621

Violation of law of road turning or backing in street	622

Lookout	623

Speed and control of auto	624

Warning of approach	626

Contributory negligence of cyclist statutory requirement as to degree of care	628

Contributory negligence of cyclistlooking for approaching vehicles	629

Contributory negligence of cyclist care in looking	630

Contributory negligence of cyclist crossing in front of ob served auto	631

Contributory negligence of cyclist violation of law of road	633

Contributory negligence of cyclist warning of approach	634

Contributory negligence of cyclist last clear chance doctrine	635

Contributory negligence of cyclist acts in emergencies	636

Negligence of guest of cyclist	638

Function of jury	639

CHAPTER XX	641

Degree of care to avoid frightening horses	643

Auto driver not an insurer	645

Notice that horses take fright	647

Proximate cause	648

Horse not on highway	650

Noise unusual noise	652

Noise failure to sound horn	654

Emission of smoke or vapor	655

Speed	656

Operating auto in proximity to horse	657

Stoppingindependently of statute	658

Stoppingdiscretion as to stopping	660

Stoppingovertaking and passing frightened horse	662

Stoppingstatutory duty to stop on fright of horse	663

Stoppingstopping in front of horse after passing	665

Statute requiring stopping on signaldiscretion as to stop ping	667

Statute requiring stopping on signal effect of failure to give signal	668

Negligence after stop	669

Lights on machine	671

Contributory negligenceleaving horse unattended	673

Contributory negligence nature of horse	674

Contributory negligence driving frightened horse past auto mobile	675

Joint wrongdoer	676

Punitive damages	677

Questions for jury	678

Contributory negligence of auto driver in general	680

Statute requiring highest degree of care of automobilist	683

Distinction between automobilies and other vehicles	684

Burden of proof as to contributory negligence of autoist	687

When contributory negligence not a bar	688

Care of taxicab driver	690

Relative rights or automobilist and railroad	691

Duty to look and listen in general	692

Duty to look and listenplace of looking and listening	696

Duty to look and listen obstructed view	699

Duty to look and listen failure to observe approaching train though looking	701

Duty to look and listenlooking by passenger	704

Duty to look and listen reliance on flagman	705

Duty to look and listen reliance on open gates	706

Duty to look and listen reliance on automatic signals	708

Duty to look and listen reliance on signal from engineer	709

Duty to look and listen running into train	711

Duty to stop before crossing track minority rule	714

Crossing in front of observed train	717

Choice of crossings	719

Speed and control	720

Violation of statute regulating automobiles	722

Machine stalled on track	723

Last clear chance	724

Acts in emergencies	726

Function of jury	728

Negligence of railroad in operation of train inevitable acci dent	730

Negligence of railroad in operation of train speed	731

Negligence of railroad in operation of train warning	732

Negligence of railroad in operation of train obstruction along railroad	735

Negligence of railroad in operation of train private crossing	736

Negligence of railroad in operation of train permissive use of tracks of railroad company	737

CHAPTER XXII	739

crossings	743

streets	767

Auto stalled on tracks	773

Function of jury	779

Negligence of railwaywarning of approach	785

LIABILITY FOR ACT OF DRIVER MASTER AND SERVANT	788

Liability for conduct of chauffeur	821

Liability for conduct of chauffeur independent contractor	830

Liability for conduct of chauffeurschool giving instruction	834

Liability for conduct of chauffeur chauffeur teaching opera tion of automobile	835

Liability for conduct of chauffeur driver employed to tow automobile	836

Liability for conduct of chauffeur pleading	837

Liability based on control of machine	838

Machine driven by member of owners family relation of parent and child does not determine liability of owner	839

Machine driven by member of owners family relation of master and servant	841

Machine driven by member of owners family use without consent of owner	843

Machine driven by member of owners family use for car riage of owners family	844

vate purposes of driver	846

Machine driven by member of owners family husband and wife	851

Machine driven by member of owners family immature or incompetent driver	853

Liability of corporations	854

Municipal corporations	856

Liability of seller of automobile for act of servant	858

Liability of bailee	859

Liability of passenger	861

Criminal liability for acts of driver	862

Ratification of servants act	863

Presumption of ownership from license number	864

Presumption of ownership from name on machine	865

Presumption of management from ownership rebuttal of presumption	871

Verdict exonerating chauffeur but holding owner	873

Examination of owner before trial	874

CHAPTER XXIV	877

view	890

Imputation of drivers negligence to other occupant statu tory change in doctrine of imputed negligence	891

Imputation of drivers negligence to other occupant when passenger and driver are engaged in common purpose	892

Imputation of drivers negligence to other occupant control by passenger of movement of machine	895

band and wife	896

Imputation of drivers negligence to other occupant parent and child	897

Imputation of drivers negligence to other occupant pas senger for hire	898

Contributory negligence of passenger in general	899

Contributory negligence of passenger looking for dangers	902

Contributory negligence of passenger reliance on driver	904

Relevancywheel tracks in highway	906

Contributory negligence of passenger riding with intoxi cated driver	908

Contributory negligence of passenger failure to warn driver of dangers	909

Contributory negligence of passenger remaining in ma chine	911

Contributory negligence of passenger permitting driver to run at excessive speed	912

Contributory negligence of passenger defective machine	913

CHAPTER XXV	914

highways	917

Obstructions placed in streets by others	919

Holes or excavations	920

Guarding	922

Slippery surface	924

Width of road	925

Proximate cause	926

Knowledge of defect	928

Notice of injury	929

Liability of abutting owners and others for defects in streets	930

Joint wrongdoers	931

Contributory negligence of traveler in general	932

Contributory negligence of traveler right to assume safety of highway	933

Contributory negligence of traveler violation of statute or law of road	934

Contributory negligence of traveler assumption of danger	935

CHAPTER XXVII	952

Speed regulations violation of ordinance	958

Speed regulations	964

Defending speed cases	970

Homicide negligent or illegal driving as manslaughter	980

Failure of chauffeur to have license	996

Stopping and furnishing identity in case of accident	1002

Relation with dealers and salesmen	1007

return of parts	1014

Relation with dealers and salesmen dealer and subdealer	1021

830	1029

Fire insurance	1036

Indemnity insurance nature and validity of insurance	1042

conversion without intent to commit crime	1053

SALES OF MOTOR VEHICLES	1060

Validity of sale violation of motor vehicle laws	1066

Warranties caveat emptor	1072

Remedies of seller	1082

CHAPTER XXXI	1092

Storage	1098

Conditional sales right of vendee to maintain action	1104

admissions by owner of liabil	1107

Real evidencephotographs	1111

declarations of suffering	1117

Proof of speed of vehiclequalification of witnesses	1129

Proof of speed of vehicle	1135

CHAPTER XXXIII	1141

Burden of proof as to innocence of claimant	1150

agent trying to sell	1315

Common terms and phrases

95 Wash apply Asbury Park authority auto automo automobile automobilists carriage chapter chauffeur City of Chicago City of Duluth City of Ft common carrier Commonwealth constitutional contributory negligence court dangerous defendant driver duty enacted Ex parte Schuler ex rel exercise fact garage keeper hackney carriage held hicles hirer horse imposed injury Iowa jitney jury lature legislation Legislature liability license fee limits machine Mass Minn Misc mobile motor car motor vehicles municipal corporations municipal ordinance N. Y. App N. Y. Suppl negligence negligence per se non-residents Okla operation ordi Oreg owner Park pass person plaintiff police power prohibiting public highways purpose question rate of speed reasonable registration and licensing road rule Seattle statute Taxicab taximeters thereof tion transportation unreasonable violation wherein

Popular passages

Page 70 - No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person, or the safety of any property...‎

Appears in 235 books from 1819-2004

Page 689 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...‎

Appears in 403 books from 1792-2006

Page 550 - The plaintiff claims that the conclusions of the trial court upon the facts found, as to the negligence of the defendant, and the contributory negligence of the plaintiff...‎

Appears in 140 books from 1816-1992

Page 264 - ... whenever necessary to provide for and promote the safety, peace, health, morals, and general welfare of the people...‎

Appears in 29 books from 1861-1976

Page 99 - to come to the seat of government to assert any claim he may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the subtreasuries, land offices, and courts of justice in the several States.‎

Appears in 137 books from 1866-2007

Page 848 - It seems too plain for cavil that a father, who furnishes a vehicle for the customary conveyance of the members of his family, makes their conveyance by that vehicle his affair, that is, his business, and any one driving the vehicle for that purpose with his consent, express or implied, whether a member of his family or another, is his agent.‎

Appears in 16 books from 1861-1965

Page 153 - Two horses, two oxen or two mules, and their harness, and one cart or wagon, one dray or truck, one coupe, one hack, or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living...‎

Appears in 100 books from 1869-1995

Page 399 - Upon approaching a pedestrian who is upon the traveled part of any highway and not upon a sidewalk, and upon approaching an intersecting highway or a curve or a corner in a highway where the operator's view is obstructed, every person operating a motor vehicle shall slow clown and give a timely signal with his bell, horn or other device for signaling.‎

Appears in 54 books from 1820-1988

Page 100 - For all the great purposes for which the Federal government was formed we are one people, with one common country. We are all citizens of the United States, and as members of the same community must have the right to pass and repass through every part of it without interruption, as freely as in our own States.‎

Appears in 130 books from 1851-2008

Page 156 - It is sufficient to say that there are certain immutable principles of justice which inhere in the very idea of free government which no member of the Union may disregard...‎

Appears in 163 books from 1846-2007

Bibliographic information

Title	The Law of Automobiles
Author	Xenophon Pearce Huddy
Editor	Arthur F. Curtis
Edition	6
Publisher	M. Bender & Company, 1922
Original from	Harvard University
Digitized	29 Feb 2008
Length	1348 pages

Export Citation	BiBTeX EndNote RefMan

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