Clark v. Commonwealth

Decided October 9, 1826

Massachusetts Supreme Judicial Court · decided 1826-10-09

The petitioner was prosecuted before a justice of the peace, under St. 1820, c. 65, for not turning his wagon, with which he was travelling on the highway in Rutland, to the right of the centre of the travelled part of the road, by means of which neglect the prosecutor’s chaise, in meeting and endeavouring to pass, was injured by the wagon.

Decided 1826-10-09

Per Curiam.

¶1This being a proceeding not according to

¶2the course of the common law, certiorari lies.1

¶3By “the travelled part” of the road, is intended that part which is usually wrought for travelling. A traveller is not obliged, because a track happens to have been made on one side of the part so wrought, to turn to the right of the centre of this track. If he turns to the right of the centre of the wrought part, so that there is room on the wrought part for the other traveller to pass, it is sufficient, and the penalty is not incurred.

¶4 See Howe’s Praot. 491, 498; 1 Chitty’s Grim. Law, (3d Amer. ed.) $74, n. (B)„