No operator of an automobile is exempt from liability for a collision in a public street by merely showing that at the time of the accident he did not run at a rate of speed ex ceeding the limit allowed by the law. He is bound to anticipate that he may meet per sons at any point in a public street ; Buscher v. Transp. Co., 106 App. Div. 493, 94 N. Y. Supp. 798; and he must keep a proper look out for them ; McFern v. Gardner, 121 Mo. App. 1, 97 S. W. 972; and keep his machine under such control as will enable him to avoid a collision with another person also using care and caution; Gregory v. Slaugh ter, 124 Ky. 345, 99 S. W. 247, 8 L. R. A. (N. S.) 1228, 124 Am. St. Rep. 402; if necessary he must run slowly, and even stop ; Thies v. Thomas, 77 N. Y. Supp. 276. No blowing of a horn or whistle, nor the ringing of a bell or gong, without an attempt to lessen the speed, is sufficient, if the circumstances de mand that the speed should be lessened, or the machine be stopped, and such a course is practicable. The true test is that he should use all the care which a careful driver would have exercised under the same circum stances; Thies v. Thomas, 77 N. Y. Supp. 276. He has been held to the same degree of care as a motorman of an electric car; Mc Fern v. Gardner, 121 Mo. App. 1, 97 S. W. 972. A pedestrian crossing a street is not bound to "stop, look and listen" for auto mobiles ; Baker v. Close, 204 N. Y. 92, 97 N. E. 501, 38 L. R. A. (N. S.) 487. That a stat ute limiting speed on the highways applies only to horseless vehicles does not render it void as an unjust discrimination ; Christy v. Elliott, 216 11.1. 31, 74 N. E. 1035, 1 L. R. A. (N. S.) 215, 108 Am. St. Rep. 196, 3 Ann. Cas. 487.
The U. S. R. S. prohibiting passenger steamers from carrying as freight Certain ar ticles, including petroleum products or other like explosive fluids, except under certain conditions, were amended by the act of Feb. 21, 1901, which provides that "nothing in the foregoing or following sections of this act shall prohibit the transportation by steam vessels of gasolene or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power : provided however that all fire, if any, in such vehicles or automobiles be extinguished before enter ing the said vessel, and the same be not re lighted until after said vehicle shall have left the same." Under this act it was held that
gasolene contained in the tank of an auto mobile being transported on a steam vessel was carried as freight within the meaning of the statute, that an automobile in which the motive power was generated by passing an electric spark through a compressed mixture of gasolene and air in the cylinder, causing intermittent explosions, carried a fire while the vehicle was under motion from its own motive power; and that the carrying by a steam ferryboat of such a vehicle, which was run in and off the boat by its own power, was a violation of the statute; The Texas, 134 Fed. 909. In 1905, Congress amended the existing law by enacting that "nothing in the foregoing or folkiwing sections of this act shall prohibit the transportation by steam vessels of gasolene or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power : provided however, that all fire, if any, in such vehicles or automobiles be extinguished immediately after entering said vessels and the same be not relighted until immediately before said vehicle shall leave the vessel; provided fur ther, that any ownet, master, agent or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles, the tanks of which contain gasolene, naptha or other dan gerous burning fluids"; 33 Stat. L. 720.
An absent owner of an automobile is not liable for the negligence of the chauffeur committed at a time when he was not en gaged in the owner's business; Clark v. Buckmobile Co., 107 App. Div. 120, 94 N. Y. Supp. 771; Reynolds v. Buck, 127 Ia. 601, 103 N. W. 946; even though, as in the latter case, the automobile was decorated for the purpose of advertising the owner's business.
A statute providing that one operating a motor vehicle who has caused an accident to his knowledge and leaves the place without stopping or leaving his name is guilty of a felony, was held to be a simple police regu lation. The driver who discloses his identity is not furnishing evidence of guilt, but rather of innocence; Ex parte Kneedler, 243 Mo. 632, 147 S. W. 983, 40 L. R. A. (N. S.) 622, Ann. Cas. 1913C, 923.
See Huddy, Automobiles.