machine should be standing still, in the street or at the curb, it be would be his duty as far as possible to prevent children from getting upon or occupying the vehicle.

Section 1161.-FAILURE TO SLOW DOWN IN CASE OF ACCIDENT.-Safety must always be reasonable and proper, having regard to the conditions prevailing at the time. No blowing of a horn, or of a whistle, nor the ringing of a bell or gong is sufficient, if unaccompanied by an attempt to slow the speed, when the circumstances are such as to demand a slower speed to avoid an accident.

Section 1162.-DRIVING ON WRONG SIDE OF ROAD. The law does not expressly require an automobile to use any particular portion of the traveled part of a road, except in the case of meeting another traveler, or crossing a bridge, when the statute requires that he should turn in a certain direction. He is not obliged to keep on the right rather than on the left side, unless he is about to meet and pass another vehicle or a traveler on foot. Until a person sees a traveler approach, he is, therefore, in the exercise of a legal right in traveling on the left side of the road. It is only when the contingency stated in the statute arises that he is obliged to turn to the right. But custom in California, as well as in most of the other states of the Union, makes the right side of the road the one upon which an automobile should be driven in its own direction. And if the driver chooses to run his machine at a high rate of speed on the wrong side of the road, which would be the driver's left hand side of the way, the driver is bound to exercise greater diligence to avoid other travelers than if he were on the right side. And his failure to keep on the right side of the road, or, in other words, the fact that he was running upon the wrong side of the way, would be evidence tending to show that he was at fault, in a suit for damages against him.

When traveling close to the curb, the driver of an automobile must be observant, not only of what is directly in

front of him, but of pedestrians who are on the sidewalk and who may step directly in front of the car; and especially is this so when the operator is on the wrong side of the road and near the curb, because the foot passengers are less likely to look in that direction for an approaching vehicle.

Section 1163. INTOXICATION OF DRIVER. Any person operating or driving an automobile, motor cycle. or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motor cycle or other motor vehicle, shall be guilty of a misdemeanor.

Act of the Legislature, approved March 1, 1911.

Any person operating or driving an automobile, motor cycle, or other motor vehicle, who becomes or is intoxicated while so engaged in operating or driving such automobile, motor cycle or other motor vehicle, and who by reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding $500, or by both such fine and imprisonment.

Act of the Legislature, approved March 7, 1911.

Section 1164. COLLISION WITH OTHER VEHICLES.-Whenever an automobile, motor cycle, or other motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in such automobile, motor cycle or other motor vehicle who have or assume authority over such driver, shall immediately cause such automobile, motor cycle or other motor vehicle to stop; and shall forthwith render to the person struck, or to the occupants of such vehicle, all needed assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment seems to be required, or if such carrying is requested by the person

struck or occupying such vehicle; and such driver and person having or assuming authority over him, shall forthwith give to the occupants of such vehicle or person struck, the number of such automobile, motor cycle or other motor vehicle, with the name and address of the driver and of each person in such automobile, motor cycle or other motor vehicle, at the time of such striking or collision. Any person violating any provision of this law is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment.

Act of the Legislature, approved February 20, 1911.

Section 1165.-JUMPING FROM THE CAR.-The duty of the operator of an automobile, at times of emergency and peril, is like those of a locomotive engineer similarly situated. If the engineer jumps from his station needlessly, if he abandons his post when danger threatens whereby the lives of others are sacrificed, which he might have saved by remaining, he is culpable. The same may be said of the automobile operator. He may jump to save his own life, if it appears to him that death is imminent, and the law will not blame him. But if he believes his duty requires him to do what he can to save those under his charge, and he braves death in the discharge of that duty, the law has for him no censure, but has, on the contrary, high commendation and respect.

Section 1166.-LEAVING MACHINE UNGUARDED AT STREET CURB.-The operation of an automobile upon the crowded streets of a city necessitates exceeding carefulness on the part of the operator. When the person in charge of an automobile leaves it on the street, at the curb or elsewhere, he is not required, before leaving it, to chain the machine to a post, or in some other way to fasten it so that it would be impossible for it to be started by a third person. But it is his duty to take all reasonable care that

no injury will result to the persons or property of others during the time the machine is there, especially if the car be left standing alone with no person in charge of it.

Section 1167.-PARTY DRIVING A LIGHT VEHICLE BOUND TO GIVE WAY TO A HEAVY LOADED ONE. The driver of a light team is bound to give way or get out of the way of the party who is driving a heavily loaded team. So in the actual use of the highway, each may use it to his own best advantage, but with a just regard to a like right of others. Persons in light carriages, for the conveyance of persons only, have occasion and of course a right when not expressly limited by law, to travel at a high rate of speed so that they do not endanger others. So in regard to the drivers of fast and slow carriages, each must respect the rights of the other. If a heavily loaded team be passing along a street wide enough only for one carriage, and an automobile follows, the last must for the time being be restrained in its speed, because of the narrowness of the way and the ordinary slowness of the team ahead. If parties, those traveling in the same direction, should come to a portion of the way wide enough for carriages to pass each other, it is obvious that if the driver of the heavy team would turn to either side it would give the automobile room to pass, whereas, if he should keep the middle, the space on either side would not permit any carriage to pass. But if no impediment should intervene and no circumstances should render it dangerous for the driver of the team to bear off, it would be his duty to do so, although it might suit his convenience better to keep in the middle; and his refusal thus to bear off would be an abuse of his own equal and common right, for which, if injurious to another, an action for damages would lie.

Section 1168.-OVERTAKING AND PASSING.The operator of an automobile on approaching from behind. a vehicle going in the same direction, and intending to

pass it on the proper side, should seasonably sound his horn--not only to warn the driver of the vehicle ahead of such intention, but also to keep on his own side of the road. Under such circumstances the passing vehicle should not unduly crowd the vehicle being passed. If no impediment intervenes, the driver ahead is bound to give way to the vehicle behind wishing to pass.

Section 1169.-CROSSING STREETS AND TURNING CORNERS.-A person driving a vehicle across a street is bound to see that it does not interfere with others in the proper exercise of their rights of passage. The situation is the same in cases where one vehicle is passing along one street, and another is turning into it from another or intersecting street. In all such cases there is no fixed regulation, and the rule of the common law prevails, requiring due care on the part of both. When an automobile coming out of one street turns sharply to the left hand, in other language, "cuts the corner," the motorist fails in his duty, and is therefore guilty of negligence.

Section 1170.-RUNNING OVER PEDESTRIANS.Pedestrians have a right to travel anywhere upon a highway, and are not confined in the right to cross-walks. Persons driving automobiles along the road are liable if they do not take care so as to avoid driving against the foot passengers who are passing on the road. A man has a right to walk in the road, if he pleases. It is a way for foot passengers, as well as for carriages. All persons have a right to walk in the road, and are entitled to the exercise of reasonable care on the part of those who drive automobiles on it. But pedestrians, as well as all others, are bound to exercise care according to the circumstances, and especially bound to look where they are going. It is negligence for a foot traveler to attempt to cross the public thoroughfare ahead of vehicles of any kind, upon nice calculations of the chances of injury. If such attempt be made, and the calculations fail to the person's harm, he can have no redress for injuries