Fox v. Clarke

The plaintiff brings this suit against the city of Providence, for breach of its duty in suffering and per mitting Francis street to become unsafe and dangerous for travelers. The plaintiff was riding a bicycle, and he alleges that he rode into a hole or depression which had been worn in the traveled part of the street, so that he was thrown from his bicycle and injured.

The defendant made two requests for instruction to the jury.

1. The plaintiff cannot recover, because a bicycle is not a team, cart, or carriage within the meaning of section 1 of chapter 72 of the General Laws, or of section…