Driving Terms
AUTHORITY. Permission. People v. Howard, 31 Cal. App. 358, 160 P. 697,701. Control over, jurisdiction. State v. Home Brewing Co. of Indianapolis, 182 Ind. 75,105 N.E. 909, 916. Often synonymous with power. State v. District Court of Eighth Judicial Dist. In and for Natrona County, 33 Wyo. 281,238 P. 545, 548. The power delegated by a principal to his agent. Clark v. Griffin, 95 N.J. Law, 508, 113 A. 234, 235. The lawful delegation of power by one person to another, Rucks-Brandt Const. Co. v. Price, 1650kl. 178,23 P. 2d 690, 692. Power of agent to affect legal relations of principal by acts done in accordance with principal manifestations of consent to agent. In re Fitzpatrick's Estate, Sur., 17 N.Y.S. 2d 280, 288.
General
Authority by estoppel. Not actual, but apparent only, being imposed on the principal because his conduct has been such as to mislead, so that it would be unjust to let him deny it. Moore v. Switzer, 78 Colo. 63,239 P. 874,875. See Apparent Authority.
Authority coupled with an interest. Authority given to an agent for a valuable consideration, or which forms part of a security. See Unger v. Newlin Haines Co., 94 N.J. Eq. 458,120 A. 331, 335.
Apparent authority. That which, though not actually granted, the principal knowingly permits the agent to exercise, or which he holds him out as possessing. L.E. Mumford Banking Co. v. Farmers' & Merchants' Bank of Kilmarnock, 116 Va. 449,82 S.E. 112,118. See Authority by Estoppel.
Express authority. That given explicitly, either in writing or orally. See Express Authority.
General authority. That which authorizes the agent to do everything connected with a particular business. Story, Ag. §17. It empowers him to bind his principal by all acts within the scope of his employment; and it cannot be limited by any private direction not known to the party dealing with him. Paley, Ag. 199.
Implied authority. Actual authority circumstantially proved. Koivisto v. Bankers' & Merchants' Fire Ins. Co., 148 Minn. 255,181 N.W. 580, 582. That which the principal intends his agent to possess, and which is implied from the principals conduct. Moore v. Switzer, 78 Colo. 63, 239 P. 874, 875. It includes only such acts as are incident and necessary to the exercise of the authority expressly granted. Coulson v. Stevens, 122 Miss. 797, 85 So. 83, 85.
Limited authority. Such authority as the agent has when he is bound by precise instructions.
Naked authority. That arising where the principal delegates the power to the agent wholly for the benefit of the former.
Special authority. That which is confined to an individual transaction. Whitehead v. Tuekett, 15 East, 400, 408. Such an authority does not bind the principal, unless it is strictly pursued. Paley, Ag. 202.
Unlimited authority. That possessed by an agent when he is left to pursue his own discretion.
Governmental Law
Legal power: a right to command or to act the right and power of public officers to require obedience to their orders lawfully issued in the scope of their public duties.
In the English law relating to public administration, an authority is a body having jurisdiction in certain matters of a public nature.
AUTHORITY OF THE COURT. The official power
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MOTOR VEHICLE. In the Uniform Act Regulating Traffic on Highways, 11 U.L.A., and similar statutes, any self-propelled "vehicle" defined as including every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human or muscular power or used exclusively upon stationary rails or tracks. The term "motor vehicles," although sometimes regarded as synonymous with or limited to "automobiles," often has a broader meaning, and includes not only ordinary automobiles, but also motorbusses and trucks, as well as motorcycles. Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed., §2.
MOTORCYCLE. A bicycle propelled by a gasoline engine located in the frame between the wheels.
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AUTOMOBILE. A vehicle for the transportation of persons or property on the highway, carrying its own motive power and not operated upon fixed tracks. Blashfield's Cyclopedia of Automobile Law, vol. 1, c. 1, §2.
A wheeled vehicle propelled by gasoline, steam, or electricity. Stanley v. Tomlin, 143 Va. 187, 129 S.E 379, 382. A self-propelled vehicle suitable for use on a street or roadway. State v. Freels, 136 Tenn. 483,190 S.W. 454; A Vehicle designed mainly for the transportation of persons, equipped with an internal combustion, hydrocarbon vapor engine furnishing the motive power and forming a structural portion thereof. American-La France Fire Engine Co. v. Riordan, C.C.A.N.Y., 6 F. 2d 964, 967. It is generic term, covering both trucks and passenger cars. Wiese v. Polzer, 212 Wis. 337, 248 N.W. 113, 116.
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PASSENGER. A person whom a common carrier has contracted to carry from one place to another and has, in the course of the performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of conveyance. Bricker V. Philadelphia & R. R. Co., 132 Pa. 1, 18 A. 983, 19 Am. St. Rep. 585; Schepers v. Union Depot R. Co., 126 Mo. 665, 29 S.W. 712; Pennsylvania R. Co. v. Price, 96 Pa. 256; The Main v. Williams, 14 S. Ct. 486,152 U.S. 122, 38 L. Ed. 381; Horne v. Southern Ry. Co., 186 S.C. 525, 197 S.E. 31, 35,116 A.L.R. 745.
The above definition is not exhaustive. For one who goes to a railroad station to take the next train in a reasonable time before the time for the arrival of the train is a passenger, though he has not purchased a ticket, and the duties imposed by the relation of carrier and passenger are obligatory on the railroad. Clark v. Bland, 181 N.C. 110, 106 S.E. 491, 492; Garricott v. New York State Rys., 223 N.Y. 9, 119 N.E. 94, L.R.A. 1918B, 929; Dlllahunty v. Chicago, R.I. & P. Ry. Co., 119 Ark. 392, 178 S.W. 420, 422; Kidwell v. Chesapeake & O. Ry. Co., 71 W. Va 664, 77 S.E. 285. 43 L.R.A., N.S., 999; Youngerman v. New York, N.H. & H.R. Co., 223 Mass. 29, 111 N.E 607, 608; Mobile Light & R. Co. v. Hughes, 190 Ala. 216, 67 So. 278, 281.
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When a person ceases to be a passenger depends upon the facts if each case. Louisville Ry. Co. v. Kennedy, 162 Ky. 560, 172 S.W. 970, 971, Ann.Cas. 1916 E, 996;
One carried for hire, or reward, as distinguished from a "guest"who is one carried gratuitously, that is, without any financial return except such slight benefit as is customary as part of the ordinary courtesy of the road. Duncan v. Hutchinson, 139 Ohio St. 185, 39 N.E. 28140, 142.
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COMMON LAW. As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the common law is that body of law and-juristic theory which wax originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal. 255,10 P. 674.
As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England.
1 Kent, Comm. 492. Western Union Tel. Co. v. Call Pub. Co., 21 S. Ct. 561, 181 U.S. 92,45 L. Ed. 765; Barry v. Port Jervis, 72 N.Y.S. 104, 64 App. Div. 268; U.S.V. Miller, D.C. Wash., 236 F. 798, 800.
As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority· Klever v. Seawall, C.C.A. Ohio, 65 F. 395,12 C.C.A. 661.
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COMMERCE. The exchange of goods, productions, or property of any kind. Jeu Jo Wan v. Nagle, C.C.A. Cal., 9 F. 2d 309, 310.
Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transportation of persons as well as of goods, both by land and by sea. Brennan v. Titusville, 14 S. Ct. 829, 153 U.S. 289, 38 L. Ed. 719; Railroad Co. v. Fuller, 17 Wall. 568, 21 L. Ed. 710; Hoke v. United States, 33 S. Ct. 281, 283, 227 U.S. 308, 57 L. Ed. 523, 43 L.R.A., N.S., 906, Ann. Cas. 1913E, 905. Also interchange of ideas, sentiments, etc., as between man and man. U.S. v. Eason Oil Co., D.C. Okl., 8 F. Supp. 365, 368.
Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labor, transportation, intelligence, care and various mediums of exchange, become commodities and enter into commerce: the subject, the vehicle, the agent, and their various operations become the objects of commercial regulation. Lorenzetti v. American Trust Co., D.C. Cal., 45 F. Supp. 128,132.
"Commerce" is not trade alone, but is intercourse between nations and parts of nations In all its branches. Blumenstock Bros. Advertising Agency v. Curtis Pub. Co., 252 U.S. 436,40 S. Ct. 385,387,64 L. Ed. 649.
The words "commerce" and 'trade" are often used interchangeably; but, strictly speaking, commerce relates to intercourse or dealings with foreign nations, states, or political communities, while trade denotes business intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles between members of the same community. Hooker v. Vandewater, 4 Dento, N.Y., 353,47 Am. Dec. 258; Jacob; Wharton.
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TRAFFIC. Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of goods or commodities from one person to another for an equivalent in goods or money. Senior v. Ratterman, 44 0hio St. 673, 11 N.E. 321; Fine v. Moran, 74 Fla. 417,77 So. 533, 538; Bruno v. U.S., C.C.A. Mass., 289 F. 649,655; Kroger Grocery and Baking Co. v. Schwer, 36 Ohio 512, 173 N.E. 633. The subjects of transportation on a route, as persons or goods; the· passing to and fro of persons, animals, vehicles along a route of transportation, as a canal, etc. United States v. Gold and Highway Dist. of California, D.C.Cal. 37 F.Supp. 505, 512
HIGHWAY. An easement acquired by the public in the use of a road or way for thoroughfare. Bolender v. Southern Michigan Telephone Co., 182 Mich. 646,148 N.W. 697,700.
A free and public roadway, or street; one which every person has the right to use. abbott v. Duluth, C.C. Minn., 104 F. 837. Illinois Cent. R. Co. v. Bennett, C.C.A. Miss., 296 F. 436,437. Its prime essentials are the right of common enjoyment on the one hand and the duty of public maintenance on the other. Hildebrand v. Southern Bell Telephone & Telegraph Co., 219 N.C. 402,14 S.E. 2d 252, 254, 255.
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DRIVER. one employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car. A person actually doing driving, whether employed by owner to drive or driving his own vehicle. Wallace v. Woods, 340 Mo. 452,102 S.W. 2d 91,97.
DRIVING. To urge forward under guidance, compel to go in a particular direction, urge onward, and direct the course of. Mould v. Travelers' Mut. Casualty Co. Iowa 16, 257 N.W. 349