SouTHEELAND,  J.  said  :  "  The  court  charged  the  jury
that  the  true  construction  of  the  act  was,  that  parties
were  to  keep  to  the  right  of  the  center  of  the  worked
part  of  the  road,  and  that  unless  the  defendant  was  to


TRAVEL   UPON   HIGHWAYS.  435

the  right  of  that  center  when  the  plaintiff's  wagon
came  in  contact  with  his,  the  penalty  had  attached,
and  that  the  situation  of  the  road,  as  being  rough  and
rutty  on  the  defendant's  side,  or  the  want  of  design
on  his  part  to  run  against  the  plaintiff,  would  be  no
defense  unless  the  road  on  his  side  was  such  as  to  ren-
der it  impracticable  for  him  to  turn  out ;  and  that  the
case  was  not  affected  by  the  circumstance  that  the
plaintiff  was  driving  fast  and  the  defendant  slow.     This
is  the  sound  construction  of  the,  act ;  it  was  designed
to  settle  and  establish  the  rights  of  travelers  in  such  a
manner,  that  there  could  be  no  mistake  about  them  ;
each  party  is  to  keep  to  the  right  of  the  center  of  the
worked  part  of  the  road ;  although  it  may  be  more
difficult  for  one  party  to  turn  out  than  the  other,  that
is  no  answer  to  the  action.     The  act  establishes,  upon
consideration  of  public  policy,  a  broad  general  rule,
which  must  be  enforced,  although  sometimes  it  may
operate  inconveniently  upon  parties.     It  is  not  the
center  of  the  smooth  or  most  traveled  part  of  the  road
which  is  the  dividing  line,  but  the  center  of  the  worJced
part,  although  the  whole  of  the  smooth  or  most  trav-
eled path  may  be  upon  one  side  of  that  center,  unless
the  situation  of  the  road  is  such  that  it  is  impracti-
cable or  extremely  diflBcult  for  the  party  to  turn  out.
