out and give them all the travelled part of the road. No doubt
a lightly loaded vehicle can often turn out with less inconvenience
than a heavily loaded one, and generally every thoughtful and
considerate driver of a light vehicle is willing to, and does, give
the heavy vehicle more than half the road on every proper occasion;
but the driver of the heavy vehicle ought to understand that it is
done out of courtesy to himself and consideration for his horses,
and not because it is required by any rule of law. The statute law
of the road in this State makes no distinction between the lightly
and the heavily loaded vehicle. Both alike are required to pass to
the right of the travelled part of the road. In case of accident the
court would undoubtedly take into consideration the size and load of
each vehicle, as bearing upon the question of the conduct of the
drivers under the circumstances, and their responsibility would be
settled in accordance with "the law of the road," modified and
possibly reversed by the situation of the parties and the
circumstances surrounding them at the time.[44]

[43] 4 Pick. 125; 8 Met. 213.

[44] 111 Mass. 360.

A traveller in a common carriage may use the track of a street
railway when the same is not in use by the company; but the company
is entitled to the unrestricted use of their rails upon all proper
occasions, and then such traveller must keep off their track, or
else he renders himself liable to indictment under the statutes of
the State.[45]

[45] Pub. St. c. 113, Sec. 37; 7 Allen, 573.

CHAPTER XI.

EQUESTRIANS AND PEDESTRIANS.

In England "the law of the road" applies as well to equestrians as
to travellers by carriage, and I can see no good reason why it
should not do so here. The statutes are silent on the subject, and I
cannot find that our Supreme Court has ever had occasion to pass
upon the question; but it has been decided in some of the States
that when a traveller on horseback meets another equestrian or a
carriage, he may exercise his own notions of prudence, and turn
either to the right or to the left at his option.[46] By common
consent and immemorial usage an equestrian is expected to yield the
road, or a good share of it, to a wagon or other vehicle. It has
been decided in Pennsylvania that if he has a chance to turn out and
refuses to do so, and his steed or himself is injured by a
collision, he is remediless.[47]

[46] 24 Wend