"In this case the wheelbarrow seal was proceeding alone sons venue Haig in his proper place at the left hand side of the street. He was doing nothing but continuing on his lawful way when he was run down from behind. Under the law all vehicles of every type have equal rights to the lawful use of the public Fond."
The Judge went on to state that view of the character of the col-sion "the burden of the explaining, Fested on the defendant, who said simply that he did not sec the wheelbarrow coolie and that he saw. no light on the wheelbarrow. The Court opined that this showing was not "It is the duty of every motorist to keep a look-out to discover other Persons using the street, and an our to mobile driver has no right to assume that the street is clear, but lurider all circumstances and at all times must be vigilant and anticipate the presence of others." 'The Judge then' cited a number of cases sup-Porting this opinion.
In summing up the Court ruled, "In this case the thing to be deter: mined is not whether' the motorist fow the wheelbarrow but whether he should have seen it, and by applying this fest the Court finds the defend: fant is liable, Any motorist in Shang:
{fs bound to encounter in Shang-hal at all hours wheelbarrows, rickshaws, bicycles, hand trucks, and all sorts of hand-propelled vehicles. So long as they Keep to the left side of the street where the slow traffic be-Jongs they have equal rights with the motorist in the use of the public highway, and consequently the motorist' is obliged to discover their presence there and pass them on the Fight, or else he will be held neg-
Text read from the printed page and cleaned; old type leaves the occasional error.