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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

Is not limited to a public way. As used in a statute prescribing the law of the road for travellers, it should be deemed to include private ways; for the object of the law is to prescribe a rule of conduct, for the convenience and safety of those who may have occasion to travel, and actually travel, with carriages, on any place adapted to and fitted for travel, and actually used for that purpose. Commonwealth V. Gammons, 23 Pick. 201. which a way, public or private, is established.

Chollar-Potosi Mining Co. v. Kennedy, 3 Nev. 361.

A statute requiring cattle-guards at roadcrossings is applicable to a street-crossing in a village or city. Highways, including streets, which, strictly, are paved ways, are reads.

Brace v. N. Y. Central R. R. Co., 27 N. Y. 269.

But it does not apply to mere farm-crossings.

Brooks V. N. Y. & Erie R. R. Co., 13 Barb. 594.

A passage or way made by a man over his own farm, although, it crosses a railroad, is not a "road," in the legal sense of the term.

Green v. Morris & Essex R. R. Co., 24 N. J. L. 486.

An exception of public roads in a statute does not include a turnpike. A turnpike is not a public road.

Buncombe Tump. Co. V. Baxter, 10 Ired. L. 222.

Consult Public. ROAD; ROADSTEAD. A road or roadstead, in the commercial sense, and by the maritime deiinition, is " a place where ships may ride at anchor at some distance from the shore." In the very name, therefore, of Hampton Roads, is implied a place of anchorage at a distance from the shore.

The J. W. Everman, 2 Hugh. 17.