pensation for the use of the machine. If a definite sum is not
stated in the contract between the parties, there arises an implied
undertaking that the hirer shall pay a reasonable amount. One who uses
another's automobile without consent or knowledge of the owner, may be
liable to pay a reasonable hire therefor. In case the hirer is a
corporation, there may arise the question whether the agent of the
company making the contract has authority to bind the company. Where a
machine is hired for joy riding on Sunday, it has been held that the
contract is illegal and the hirer cannot recover for the use of the
automobile."
The speed of automobiles along the public highways may be regulated by
law. A municipality may forbid the use of some kinds of motor vehicles
on certain streets, but it cannot broadly exclude all of them from all
the streets. The rules regulating travel on highways in this country
are called, "the law of the road." The object of these rules is to
prevent collisions and other accidents, which would be likely to occur
if no regulations existed.
A pedestrian who is about to cross a street may rely on the law of the
road that vehicles will approach on the proper side of the street.
This rule however does not apply to travelers walking along a rural
highway. Huddy says: "When overtaking or meeting such a person, it is
the duty of both the pedestrian and the driver of the machine to
exercise ordinary care to avoid a collision, but no rule is, as a
general proposition, definitely prescribed as to which side of the
pedestrian the passage shall be made."
The law of the road requiring vehicles to pass each other on the
right, contrary to the English custom, has been reenforced in many or
all the states by statutory enactments, and applies also to
automobiles. When, therefore, two vehicles meet and collide on a
public highway, which is wide enough for them to pass with safety, the
traveler on the wrong side of the road is responsible for the injury
sustained by the other. But a traveler is not justified in getting his
machine on the right-hand side of the road and then proceeding
regardless of other travelers; on the contrary, the duty of exercising
reasonable care to avoid injuries to others still continues.
Not only must each one pass to the right, but each must pass on his
own side of the center line of the highway, or wrought part of the
road. And when the road is covered with snow, travelers who meet mus
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