The Law of Automobiles

Front Cover
M. Bender, 1909 - 364 pages

From inside the book

Contents

CHAPTER IV
39
Roads defined
40
General purposes of highways and streets
41
New means of transportation
43
Equal rights of automobiles on public ways
45
Automobiles have no superior right of way
48
Exclusion of automobiles from highways
49
Tolls
54
Compelling privilege of using roadPleading
56
CHAPTER V
57
General considerations 5 2 8 5 T T I 3
60
Traction engines 5 Status of unlicensed automobilist 6 Age limit
61
Purpose of registration
64
Power to require registration and license
65
Constitutional law
69
Licenses
78
Operation and effect of license
80
Exemption based upon reciprocity
82
CHAPTER VI
84
Care in operatingRestive horses
85
The law of the roadin general
88
Vehicles meeting and passing
89
Rule not inflexible but is a rule of negligence
91
Presumption arising from disobedience
92
Where one traveler overtakes and passes another
93
CollisionContributory negligence
95
Rights of footmen and vehiclesChildren in the street
96
Injury resulting from fright
97
Roadworthiness of vehicle tackle or gearing
100
Vehicles standing on the highway
101
Speed regulations
102
Injuries resulting from defects in highway
104
Notice of defectsNotice of accident
105
CHAPTER VII
107
Reasonable care expected from all
109
Operation of traction engines
112
Negligence must be shown
113
Vehicles left standing at night
114
Evidence of due care
115
Legal status of guest
116
Imputed negligence
118
CHAPTER VIII
121
Failure to seasonably turn to right
122
When half of road need not be given
123
Treble damages under statute
124
CHAPTER IX
125
Applicability of Statutes
126
Statute may be read to jury
127
In general
128
CHAPTER XI
135
CHAPTER XIII
149
Observers may give estimates
150
Qualifications of observers
152
Weight of evidence
153
Imagination
154
Time consumed
155
Facts incompatible with estimates
156
Distance
157
Burden of proof
159
Evidence that vehicle went fast
160
Comparative amount of noise
161
Passenger in automobile
162
CHAPTER XIV
163
Graduation of punishment
176
What a conviction means
177
CHAPTER XV
178
What is dangerous driving
179
Criminal aspect of dangerous driving
181
Manslaughter
186
Unusual speed
187
Killing passenger
188
CHAPTER XVI
191
Arrests
192
Extenuating facts in defense
193
Preparing the defense
194
Making tests
195
Identity of defendant
196
Arrests at night
197
Bicycle policemen
198
Illegal police methods
201
On stop watch testimony
202
CHAPTER XVII
205
Status of garage keeper
206
Liabilities of garage keeper
207
Keeping and selling gasolene
208
Liability for articles stolen
210
Repairs
212
CHAPTER XVIII
215
Ordinary care of hirer
216
Unlawful acts committed by third parties
217
Keeping in repair
218
Duties of hirer
219
Surrender and return of automobile
220
CHAPTER XIX
223
Origin of term
225
Chauffeur acting contrary to authority
226
Duties of chauffeur
229
Amount and degree of care
230
Rights of chauffeur
232
CHAPTER XX
234
When the employer is liable
243
Responsibility under English act
244
What must be shown
245
Chauffeur driving for himself
247
When relation of master and servant does not exist
248
Authority to purchase supplies
251
Pleading
252
CHAPTER XXI
254
The mauufacturers status
255
Duties and responsibilities of manufacturer
256
Equipment
262
Engine not a brake
265
Registration of manufacturers
266
Conclusion
267
CHAPTER XXII
269
Historical
270
No exclusive right to use the word taxicab
271
Right to conduct taxicab service
273
When city may not demand license fees
275
Rights and liabilities of proprietors
276
Disputes over fares
277
Duty to carry applicants
278
Operation of vehicles
279
Foreign chauffeurs
281
CHAPTER XXIV
290

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Page 316 - 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.
Page 315 - 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.
Page 98 - Assuming that fright cannot form the basis of an action, it is obvious that no recovery can be had for injuries resulting therefrom. That the result may be nervous disease, blindness, insanity, or even a miscarriage, in no way changes the principle. These results merely show the degree of fright, or the extent of the damages. The right of action must still depend upon the question whether a recovery may be had for fright.
Page 260 - ... no sign or form of words can be appropriated as a valid trade-mark which, from the nature of the fact conveyed by its primary meaning, others may employ with equal truth and with equal right for the same purpose.
Page 71 - Local ordinances prohibited. — Subject to the provisions of this act, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or operator of a motor vehicle any license or permit to use the public highways, or excluding or prohibiting any motor vehicle whose owner has complied with...
Page 86 - If, as the jury found by their verdict, appellant knew, or could have known by the exercise of ordinary care, that the machine in his possession and under his control had so...
Page 309 - Manifestly, any rule prescribed for the conduct of interstate commerce, in order to be within the competency of Congress under its power to regulate commerce among the states, must have some real or substantial relation to or connection with the commerce regulated.
Page v - Nothing in this section shall be construed as in any way preventing, obstructing, impeding, embarrassing, or in any other manner or form infringing upon the prerogative of any political chauffeur to run an automobilious band wagon at any rate he sees fit, compatible with the safety of the occupants thereof...
Page 42 - ... public highways expanded with the growth of civilization, until to-day our urban highways are devoted to a variety of uses not known in former times, and never dreamed of by the owners of the soil when the public easement was acquired. Hence it has become settled law that the easement is not limited to the particular methods of use in vogue when the easement was acquired, but includes all new and improved methods, the utility and general convenience of which may afterwards be discovered and developed...
Page 183 - If he might have seen the danger, but did not look before him, it will be manslaughter, for want of due circumspection. But if the accident happened in such a manner that no want of due care could be imputed to the driver, it will be accidental death and he will be excused.

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