Over
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
The words "over" and " under," as applied to the surface, are not precisely opposites. Apersonpasses over a road, if he crosses it on the surface, as well as when he crosses above it, on a bridge; but he cannot be said to pass under it, unless on another surface at a lower level. A statutory power to lower a turnpike road, so as to have a railroad pass over it, includes power to carry the turnpike across the railroad on the same level.
Newburyport Turnp. Corp. v. Eastern R. R. Co., 23 Pick. 320; Boston & Maine B. R. Co. v. Mayor, &c. of Lawrence, 2 Allen, 107.