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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

To go from one place to another at a distance; to journey; spoken of voluntary change of place., Traveller. One engaged in voluntarily journeying from one place to another. Travelled: follovred or used as a road or way for journeys. Travelling: journeying. The term traveller, in the highway acts, does not include one going from his dwelling to his water-closet by passing into the highway around the end of a drain in process of excavation. Leslie u.

Lewiston, 62 Me. 468.

Traveller, as used in a statute declaring a right of action in favor of a traveller upon a highway injured by defects therein, may well be construed as embracing every one, whatever may be his age or condition, who has occasion to pass over the liighway for any purpose of busmess, convenience, or pleasure, irrespective of the motive or object with which a street or way is thus used, if it be not unlawful. But it is limited to persons having occasion to pass over the highway. A gymnast who should occupy a portion of a road for the display of his feats, or a boy who should resort to it for the amusement of sliding down hill, ought not to be deemed a traveller, within such a statute.

Blod'gett i\ City of Boston, 8 Allen, 237.

By "the travelled part "of the road is intended that part which is usually wrought for travelling. A traveller is not obliged, because a track happens to have been made on one side of the part so wrought, to turn to the right of the centre of this track. If he turns to the rigiit of the centre of the wrought part, so that there is room on the wrought part for the other traveller to pass, it is sufficient, and the penalty is not incurred.

Clark v. Commonwealth, 4 Pick. 125.

See Rev. Stat. ch.

51, § 1.

The word travelling, in the exception in the Ala. Rev. Code, § 3555, touching the carrying of concealed weapons, applies to a person taking a two days' journey on a river raft.

Baker v. State, 49 Ala. 350.

But not to a person's daily return home to the country from his place of business in the city.

Eslava v. State, 49 Ala. 355.

It applies, as there used, to the act of a passenger going on a railway train, twentyeight miles, to seek employment.

Lockett 1). State, 47 Ala. 42.

It means going to a distance from home, and beyond the circle of one's acquaintances. Gholson V. State, 53 Ala. 519. " travelling,'' within the rules of law as to liability for defective highways, while leaving them there unattended.

Cummings v. Center Harbor, 57 A^. H. 17.