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JUDGE THOMPSON'S DECISION.

Judge Thompson, of Louisville, in a case where a wheelman was tried for riding on a sidewalk where streets were bad, said

" In these cases the burden is on the defendants to prove that the road is actually in such condition as to render it unsafe for his bicycle to pass; this is not in justification but in mitigation of the offence, for, even where such condition exists, it gives him no legal right to ride on the sidewalk, except by rule of necessity, which must be justified in each case by the fact, and then it does not authorize him to ride at all if the sidewalk is occupied by pedestrians; he should dismount and pass the obstruction on foot wherever the sidewalk is frequented by pedestrians. In the business part of the city, -- crowded thoroughfares -- he has no right whatever [page 39] to ride on the sidewalk at any time, nor for any purpose.

"Women and children, and old and infirm persons have a right to pass along the sidewalks not only free from danger of collision with bicycles, but free from apprehension from such danger.

"The proof, I think, shows conclusively in these cases that the roadway was in an unsafe condition for bicycles to pass by reason of its being out of repair and being deluged with water so as to render it dangerous, even impassable, to this vehicle, and that the neighboring streets were in no better condition, and it does not appear at what rate of speed the defendants were riding, nor whether the sidewalk was or was not at the time occupied by pedestrians; under these circumstances, I think, it would be unjust to assess a fine in this case, and they are dismissed.

"I think it the duty of the city to regulate the sprinkling of the streets so as to keep them reasonably safe for the passage of this vehicle, as well as others."