I don't equate what this guy was doing to being "a little into a cars path." If you want an equivalent, try picturing a bike stopped in traffic lanes with the rider on a cell phone. This wasn't a guy walking down the path and not moving over (which I never expect or demand), or standing at the side with a leg on the path. He was standing fully on the path, on a cell phone, with his back to traffic. HE was posing a hazard, and if my barely-risky little move woke him up to that, then I've done a good thing. If it didn't, oh well.
He deserved to get a scare. I wasn't going fast enough to do any serious harm, even if I had miscalculated (the odds of which were very low). The only risk was if he, not having been paying attention, took a step the wrong way. But then, even if I HADN'T done what I did, that would have been a risk because of where I was standing. I didn't create the hazard, he did, I just decided to point the hazard out to him in a way that I hoped would get his attention (because I guarantee you if I had just said something I would have just gotten a dirty look).
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'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.'
-TJ
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