[38] Shear. & Red. on Negligence, Sec. 309.

[39] 121 Mass. 216.

[40] 12 Met. 415.

Every one seeking redress at law on account of an accident must be able
to show that he himself was at the time in the exercise of ordinary
care and precaution, and it is not enough for him to show that somebody
else was violating a rule of law. When the road is unoccupied a
traveller is at liberty to take whichever side of the road best suits
his convenience, as he is only required "seasonably to drive to the
right" when he meets another traveller; but if parties meet _on the
sudden_, and an injury results, the party on the wrong side of the
road is responsible, unless it clearly appears that the party on the
proper side has ample means and opportunity to prevent it.[41]

[41] 10 Cush. 495; 3 Carr. & Payne, 554; Angell on Carriers,
Sec. 555.

Where there is occasion for one driver to pass another going in the
same direction, the foremost driver may keep the even tenor of his
way in the middle or on either side of the road, provided there is
sufficient room for the rear driver to pass by; but if there is not
sufficient room, it is the duty of the foremost driver to afford it,
by yielding an equal share of the road, if that be practicable; but
if not, then the object must be deferred till the parties arrive at
ground more favorable to its accomplishment. If the leading
traveller then wilfully refuses to comply, he makes himself liable,
criminally, to the penalty imposed by the statute, and answerable at
law in case the rear traveller suffers damage in consequence of the
delay. There being no statute regulations as to the manner in which
persons should drive when they meet at the junction of two streets,
the rule of the common law applies, and each person is bound to use
due and reasonable care, adapted to the circumstances and place.[42]

[42] 12 Allen, 84.

By the "travelled part" of the road is intended that part which is
usually wrought for travelling, and not any track which may happen
to be made in the road by the passing of vehicles; but when the
wrought part of the road is hidden by the snow, and a path is beaten
and travelled on the side of the wrought part, persons meeting on
such beaten and travelled path are required to drive their vehicles
to the right of the middle of such path.[43] Many drivers of heavily
loaded vehicles seem to think that all lightly loaded ones should
turn