Commonwealth v. Forrest

Citations

• 170 Pa. 40
• 32 A. 652
• 1895 Pa. LEXIS 1360

Syllabus

<p>Road law — Riding bicycle on sidewalk.</p> <p>The act of May 7, 1889, P. L. 110, providing a penalty for maliciously riding or driving any horse, or any other animal on a sidewalk, taken in connection with the act of April 28, 1889, P. L. 44, subjecting all persons using bicycles to the same restrictions as are prescribed by law in the case of persons using carriages, will sustain the conviction of a person for riding a bicycle on a sidewalk, and the imposition of the penalty provided by the act of May 7,1889.</p> <p>A sidewalk was constructed by abutting owners within the authorized roadway of a turnpike, with the consent of the turnpike company. A person was summarily convicted of riding a bicycle on this sidewalk, the informer being a resident on the road on which the sidewalk was constructed. Held, on an appeal from the summary conviction, (1) that it was no defense that the informer had not contributed to the original construction of the sidewalk; (2) that the consent of the turnpike company to the use of the sidewalk by bicyclers would not avail defendant; (8) that the fact that defendant and other bicyclers had used the sidewalk before without complaint was immaterial as a defense.</p>