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Travel

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Has no precise or technical meaning when used without limitation. Its primary and general import is to pass from place to place, whether for pleasure, instruction, business, or healtli.s The length of the journey or its continuance does not destroy the character of the occupation. s 1. The purpose for which towns are compelled to construct highways and bridges and keep them in repair is to promote the comfort and convenience and insure the safety of "travelers" — persons who have lawful occasion to pass over them upon business or for pleasure. ** Travelers," in this connection, is to be interpreted in the light of knowledge common to all, gained from observation and experience, as to the manner in which people are accustomed to use highways; that is, is to be so interpreted as to permit a convenient and beneficial use.^ In a statut.e giving a right of action for an injury caused by defects in a highway, "'traveler" means every one, whatever his age or condition, who has occasion to pass over the highway for any purpose of business, convenience, or pleasure, irrespective of the motive or object with which a way is thus used, if it be not unlawful. Not, then, a gymnast performing feats, nor a boy sliding down a hill.^ Walking for exercise is not traveling.* 2. Within the meaning of a law allowing a person traveling to carry concealed weapons, the traveling must be on a journey — beyond the ordinary habit, business, or duties of the person and beyond the circle of his friends or acquaintances.'

3.

One who has been carried by steamboat, and ' Columbia Conduit Co. v. Commonwealth, 90 Pa. 307 (1879): 93 U. S. 185; 94 id.

1, 6. 2 [4 Bl. Com. 371, 377. s Lockett V. State, 47 Ala. 45 (1878), Peters, J. * Ward V. North Haven, 43 Conn. 154 (1875), Pardee, Judge. 'Blodgett V. Boston, 8 Allen, 240 (1864), Bigelow, C.J. See also 52 Me. 317; 62 id. 468; 67 id. 167; 107Mass. 347; 110 id. 31; 58 N. H. 14, 431, cases. "Hamilton v. Boston, 14 Allen, 475 (1867), cases. Gray, J.; Baker v. Worcester, 139 Mass. 74 (1885). 'Gholson V. State, 53 Ala. 520 (1875); Coker v. State, 63 id. 95 (1879); Carr i).

State. 34 Ark. 448 (1879); Rice V. State, 10 Tex. Ap. 288 (1881); Smith v. State, 43 Tex. walks eight miles from the landing to his home, is not, while walking, within the meaning of a policy of insurance, " traveling by public or private conveyance."

1 4.

As to what is traveling within the meaning of Sunday laws, see Sunday.

See also Accident; Guest; Inn; Journey; Obstruct, 1; Open, 1 (7); Road, 1; Way, Public.