Road

1.

An open way or public passage; ground appropriated for travel. Generically, includes highway, street, lane.s ' James v. Lycoming Fire Ins. Co., 4 Cliff. 275-84 (1374), cases, Clifford, J. On expert evidence as to increase of, see 19 Am. Law Eev. 701-13 (1885), cases. * Pitcher v. Hennessey, 48 N. Y. 419 (1873). ' Alabama v. Georgia, 23 How. 513 (1859), Woolrych, Justice. < The Garden City, 36 F. E. 773 (1886), Brown, J. See also 14 N. H. 477; 2 Ohio, 497; 8 Gratt. 492; 37 U. C, Q. B..59. " Howard v. IngersoU, 13 How. 415 (1861). Holyoke Water-power Co. u.

Lyman, 15 Wall. 506-7 (1872), Clifford, J. ' Barney v. Keokuk, 94 U. S. 336-43 (1876). cases.

St. Paul, &c.

E. Co. V. Schurmeir, 7 Wall. 287 (1868); Banks v. Ogden, 2 id. 08 (1864).

Has never beer defined to mean land: it is diffloult to find a definition whicli does not include the sese of " way," though the latter word is more generic, referring to many things besides roads. " Koad " is generally applied to a highway, street, or lane, often to a path-way or private way, yet strictly it means only one particular kind of way. ' May refer to a traveled place or track, without regard to the nature of the user, or to the question of any right thereto in the public' By-road. An obscure or neighborhood road, not used to a great extent by the public, yet so far a public road that the public have, of right, free access to it at all times.' Plank-road; turnpike road. See Turnpike. Private road. A road used by private persons only.* A road must be deemed " private " when its control is not under a public officer, and the public are not botmd to keep it in order, and where an individual might obstruct its use without being guilty of any public offense." Public road. A road dedicated to and kept up by the public* Since "road" and "street" mean ways open to public use, the vrord " public" is unnecessary, even in an indictment. Public roads tor travel are often established by application to the court of quarter sessions, \yith view, report, and confirmation. Once established, they pass into the control and supervision of the township, county, or other local authorities, and are kept in repair by local taxation. By the common law, the fee of the soil remains in the original owner, with the use of the road in the public. If vacated by the public, he resumes exclusive possession of the ground. While used as a highway, he is entitled to the timber and grass upon the surface, and to all minerals below it. He may sue in trespass one who obstructs the road. But the law is otherwise when he absolutely parts with the fee.' Persons authorized to make or improve highways are not answerable for consequential damages, if they act within their jurisdiction and with care and skill. This doctrine is almost universally received. The reason is, the State holds its highways in trust for the 1 Kister v. Eeeser, 98 Pa. 4 (1831), Turnkey, J. See also Mining Co. v. Kennedy, 3 Nev. 373 (1867), Beatty, C. J.; Heiple v. East Portland, 13 Oreg. 103 (1885), Hart V. Eed Cedar, 63 Wis. 638 (1885).

Wood i: Hurd, 34 N. J. L. 89 (1869), Van Syokel, J.; Yeomans v. Ridgewood, 46 id.

509 (1884). * [Witham v. Osbum, 4 Oreg. 324 (1878). 'Varner v. Martin, 81 W. Va. 563-65 (1883), Green, J. Mills V. State, SO Ala. 88 (1853); 30 id. 531. ' Homer v. State, 49 Mdj 288 (1878): 3 Yeates, 421; 4 S. <S R. 106; City of Denver v. Clements, 3 Col. 486 (1877). public. Improvements made are her acts, and the ultimate responsibility rests upon her. Her refusal to be sued, except as the legislature prescribes, protects her agents. The rule is different as to individuals who for their own benefit make improvements on land.' Properly applied, the principle involved in the rule is a sound one; but many decisions have gone to the limit of allowable constitutional construction.'* - Road-bed; roftd-way. See Railroad. Boad, law of. The requirement as tothe side of a highway which the drivers of vehicles, horse Men, and pedestrians must take in order to make traveling safe and easy. It is the custom in this country for persons meeting on a highway to pass on the right; but when a horseman or a light vehicle can pass with safety on the left of a heavily laden team, the choice of way is to be given to the latter.' The principle that a footman or horseman cannot compel a teamster, who has a heavy load, to turn out of the beaten track, it there is sufficient room for the former to pass, applies to a light wagon or carriage with a heavy weight.* The tact that a footman crosses a street elsewhere than at the usual crossing is not per se contributory negligence which will defeat an action for damages for injuries caused by reckless riding or driving.' See Along: Dedication, 1; Oijj; Open, 1 (7); Repair, 2; Route;. Street; Travel; View; Way. 2. Referring to a steam or street railway, see Railroad. 3. A place where ships may ride at anchor at some distance from the shore. Called also roadstead. " Hampton Roads " implies a place of anchorage, at a distance from shore. There vessels of every class may anchor at will, anywhere within the area laid down and described in the charts of the United States coast survey, as the " usual anchorage-ground," whether within or without the customary track of steamers."