Owen v. Dubois

The defendant has presented a strong argument that he had the right of way and that the jury should have been so instructed. While he concedes that the right of way statute (R. L., c. 106, s. 3) by its terms applies only to public ways and although it has never been otherwise construed (Tetreault v. Gould, 83 N. H. 99), it is urged that the statutory rule established by the Legislature should be extended by this court to apply so as to give persons in the position of the defendant the right of way. Authority from other jurisdictions which take that view is not lacking (2 Berry, Automobiles,…