Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Road Traffic - From: 1849 To: 1899

This page lists 4 cases, and was prepared on 02 April 2018.


 
 Regina v Inhabitants of High Halden; 1859 - (1859) 1 F & F 678; 26 Digest (Repl) 383; [1860] EngR 93; (1860) 175 ER 903
 
Regina v Mathias [1861] EngR 97; (1861) 2 F & F 570; (1861) 175 ER 1191
1861

Byles J
Road Traffic
The court was aked whether the use of a child's perambulator on a footpath amounted to a public nuisance or, if it did not, something that the owner of the soil was nonetheless entitled to prevent. The defendant argued as to section 72: "If a perambulator be admitted on a footway, where is the line to be drawn, as to what carriages shall be excluded from it could butchers' and bakers' handcarts be excluded? . . The perambulator, in this case, was a small one adapted for one child. But supposing a large one capable of holding several, would that be excluded, if this were admitted? Is the time of the Courts to be occupied by discussions as to the precise limits of size and weight, at which these vehicles may, or may not, be used." The prosecutor argued to the contrary: "A perambulator is not a carriage in the ordinary sense of the word. It is used by a pedestrian, and may be taken up and carried, as it was here on the occasion of the assault. Such a vehicle may be reasonably used on a footway. As well might the defendant object to a child wheeling its toy cart along the footway It is admitted that vehicle of this description are in common use throughout the country. There is no sufficient reason for excluding their use on a footway dedicated to the public."
Byles J directed the jury: "There are what are called go-carts, consisting of three sticks, with very small wheels, the child's feet touching the ground, and propelling itself, or being propelled. Would this be a proper use of a footway? Or take the cases already put, of a toy-carriage, or horse on wheels. A man might probably carry another along a footway, but a woman might certainly carry a child. And, if so, may she not put it in a go-cart or perambulator? My direction to you is, that the owner of the soil may remove anything that encumbers his close, except such things as are usual accompaniments of a large class of foot passengers, being so small and light, as neither to be a nuisance to other passengers or injurious to the soil."
Highway Act 1835 72
1 Citers

[ Commonlii ]

 
 Taylor v Goodwin; QBD 1879 - (1879) 4 QBD 228
 
Williams v Ellis (1880) 5 QBD 175; [1880] 49 LJMC 47; [1880] 42 LT 249
1880


Road Traffic
The court was asked whether a bicycle was a carriage for toll purposes. Held: It was not. The applicable local turnpike Act defined a carriage in such a way that motorised and animal drawn vehices were caught but not otherwise.
1 Citers


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.