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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

As applied to space, can have no positive or precise meaning. It is a relative term, depending for its signification on the subject-matter in relation to which it is used and the circumstances under which it becomes necessary to apply it to surrounding objects. A town may be properly said to be near to another town or city, if it is within a distance of a few miles; but if a house is spoken of as near to another, it signifies that it is within a few feet or rods if within the limits of a city or thickly set^ tied village, or within a fraction of a mile if in the country, where the population is more sparse; while an article of furniture is said to be near to a person or object in the same room, if distant therefrom only a few inches. When used to designate and describe the location of a line of railroad, it cannot be interpreted as having any narrow or restricted meaning. Hence a charterpower to construct a branch railroad from a point " at or near " a previously existing road was held duly executed by a location commencing about 2,500 feet from the road. 1863, Fall River Iron Works v. Old Colony & Fall Eiver R. K. Co., 6 Allen, 221. " Near " is a relative term, and its precise import can only be determined by surrounding facts and circumstances.

Barrett V. County Court, 44 Mo. 197.

A prohibition upon liquor-selling on election days, " near an election ground," includes a locality a mile and a quarter off. Morris ».

State, 3 Heisk. {Tenn.) 315.