Kalafate v. De Cook

1 Citing case

  1. Copenhaver, Admtr'x v. Tripp

    213 P.2d 450 (Or. 1950)   Cited 4 times

    "(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle." However, our Vehicle Code does not deem a bicycle a vehicle: § 115-101, subd. 5, O.C.L.A. Though § 115-330 did not state the defendant's duty to the bicyclist, it is obvious that it was the defendant's duty, as he approached the decedent and undertook to pass him, to drive with due care and afford him reasonable clearance: Kalafate v. DeCook, 141 Or. 576, 18 P.2d 593; 7 Am.Jur., Bicycles, § 4, p. 736; and annotation 172 A.L.R. 736. Even though § 115-101 does not deem a bicycle a vehicle, § 115-305 says: "Every person riding a bicycle * * * upon a roadway * * * shall be subject to the provisions of this act * * *, except those provisions of this act which by their very nature can have no application."