g with it than a person who had nothing.[50]

[48] 5 Carr. & Payne, 407.

[49] 1 Allen, 180.

[50] 1 Addison on Torts, Sec. 480.

Footmen have a right to cross a highway on every proper occasion,
but when convenient they should pass upon cross-walks, and in so
doing should look out for teams; for it is as much their duty, on
crossing a road, to look out for teams, as it is the duty of the
drivers of teams to be vigilant in not running over them. "The law
of the road" as to the meeting of vehicles does not apply to them.
They may walk upon whichever side they please, and turn, upon
meeting teams, either to the right or to the left, at their option,
but it is their duty to yield the road to such an extent as is
necessary and reasonable; and if they walk in the beaten track or
cross it when teams are passing along, they must use extraordinary
care and caution or they will be remediless in case of injury to
themselves. They may travel on the Lord's day for all purposes of
necessity or charity; and they may also take short walks in the
public highway on Sundays, simply for exercise and to take the air,
and even to call to see friends on such walks, without liability to
punishment therefor under the statutes for the observance of the
Lord's day, and they can recover damages for injuries wrongfully
sustained while so walking.[51]

[51] 14 Allen, 475; Barker v. Worcester, 139 Mass. 74.

CHAPTER XII.

OMNIBUSES, STAGES, AND HORSE-CARS.

Nearly every one has occasion, more or less often, to travel over
the public ways in the coaches of passenger carriers. Whoever
undertakes to carry passengers and their baggage for hire from place
to place is bound to use the utmost care and diligence in providing
safe and suitable coaches, harnesses, horses, and coachmen, in order
to prevent such injuries as human care and foresight can guard
against.

If an accident happens from a defect in the coach or harness which
might have been discovered and remedied upon careful and thorough
examination, such accident must be ascribed to negligence, for which
the owner is liable in case of injury to a passenger happening by
reason of such accident.

On the other hand, where the accident arises from a hidden and
internal defect, which careful and thorough examination would not
disclose, and which could not be guarded against by the exercise of
sound judgment and the most vigilant oversight, then the proprietor