Is a bicycle a vehicle in
contemplation of law?
It depends upon the purpose for
which the bicycle is being
considered. Under a tax law
imposing a rate of duty upon
vehicles a bicycle has been held
to be a vehicle, but under the
turnpike laws it is not a
vehicle because propelled by
human agency. Probably no
article that has ever been so
generally used as a motive power
or means of transportation has
ever figured in the courts less
than the bicycle. it has been
held under a statute against
fast riding that damages can be
collected form bicycle riders
who ride more rapidly than the
law allows, and the laws of the
road compelling drivers to keep
to the right apply to bicycles
without any special statutes.
With these exceptions the laws
relating to bicycles are rather
vague and uncertain. The Supreme
Court of Michigan held in the
recent case of Murfin vs. the
Detroit and Erie Plank Road
Company that a statute providing
that toll road companies may
exact toll from "persons
traveling on their road and for
any vehicle, sled, sleigh or
carriage drawn by one or two
animals" does not authorize such
company to charge toll for use
of its road by persons riding
bicycles. The court said: "There
is nothing in this act that
gives the right to charge toll
against pedestrians, and we have
never heard it claimed that such
charges were made. Nor have we
known of toll being charged for
wheelbarrows or hand sleds or
baby carriages propelled by
human agency, though a good road
is as essential to these as to
bicycles."
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"G.H.C."__A check is not a
negotiable instrument nor even
an evidence of indebtness. it is
only an order from a first
person to a third person to pay
money to a second person. It may
be given where no indebtedness
exists and frequently is.
Endorsers of a check, however,
are liable in case it is not
honored by the person upon whom
it is drawn.
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"J.S.E."__While a person who
verbally promises to stand good
for the debt of another is not
liable under such a promise, it
being a contract that the law
requires to be in writing, yet
if he pays the debt under the
impression that he is legally
liable, he cannot recover the
money, as such payment would be
a voluntary one.
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"L.G.D."__An action for damages
for injuries sustained by reason
of careless driving is a
personal one. When the defendant
in such a case dies the remedy
is gone. No suit can be brought
against the executors.
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"A.T.P."__The statute of
limitations does not run against
a state, but almost without
exception the courts have held
that the statute of limitations
will run in favor of the state.
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"T.H.A."__Where a lease is
silent as to improvements to be
made by a landlord during a
tenancy he is bound to keep the
place in habitable repair and
you will have a perfect right to
replace dangerous steps with
safe ones in case the landlord
after reasonable notice refuses
to do so, and deduct the cost of
the same from the amount due
from you under your lease.
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"L.Q.R."__ If goods were damaged
by a parcels delivery company on
the way from the store where
purchased to your residence the
person from whom they were
purchased, not the delivery
company, is responsible to you.
The responsibility of the
delivery company is to the
merchant, they acting as his
agents.
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"W.P.K." had what he believed to
be a valid claim to certain real
estate. He placed his claim in
the hands of an attorney who
agreed to push it through the
courts without any fee in case
he was unsuccessful and for
one-half the land in case he was
successful. Through the
negligence of the attorney the
case was not filed until the
statute of limitations had
barred the claim. The
correspondent asks if he has a
cause of action against the
attorney upon the contract, it
being in writing. As far as the
contract is concerned, it is
void. An agreement by an
attorney at law to prosecute at
his own expense a suit to
recover land in which he
personally has and claims no
title or interest, in
consideration of receiving a
certain portion of what he may
recover, is contrary to public
policy, unlawful and void. If
the attorney had brought the
suit and won the case he could
not have recovered any interest
in the land. Independently of
the contract, however, the
correspondent can sue the
attorney for negligence in
failing to file the suit or
return the papers, this being a
matter of tort and not of
contract.
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"W.B.T." receives a check by
mail in payment of an
indebtedness due him from a firm
in Philadelphia. He did not
place the check in bank for four
or five days and when it reached
Philadelphia the bank upon which
it was drawn had failed. If the
check had been placed in bank
upon the day that it was
received, it would have reached
Philadelphia before the failure
of the bank and been honored.
The correspondent notified the
drawer of the check that it had
not been paid and received reply
that the debtor did not feel
himself responsible and would
not issue a new check. The
correspondent has lost the
amount of the check. The drawee
of a check must exercise
reasonable diligence in
presenting the same for payment
and if by reason of his failure
to do so the bank upon which it
is drawn fails to pay it, the
drawer of the check is not
responsible and as between him
and the drawee the amount
represented by the check has
been paid.