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Thoroughfare

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A street or way opening at both ends into another street or public highway, so that one can go through and get out of it without returning. It differs from a cul de sac, which is open only at one end.

1 Ventr. 189.

In a case tried in 1790 where the locus in quo had been used as a common street for fifty years, but was no thoroughfare, Lord Kenyon held that it would make no difference; for otherwise the street would be a trap to make people trespassers; 11 East 375. This decision in several subsequent cases was much criticised, though not directly overruled; 5 B. & Ald. 456; 1 Camp. 260; 4 Ad. & E. 608; but was affirmed by the unanimous opinion of the court of queen's bench holding that it is a question for the jury on the evidence, whether a place which is not a thoroughfare is a highway or not; 14 E. L. & E. 69.

And see 28 id. 30.

The United States authorities seem to follow the English; Danforth v. Durell, 8 Allen (Mass.) 242; People v. Kingman, 24 N. Y. 550 (overruling Holdane v. Trustees, 23 Barb. [N. Y.] 103); Sheaff v. People, 87 Ill. 189, 29 Am. Rep. 49; contra, Simmons v. Mumford, 2 R. I. 172. Where a lane originally established as a private way was a cul de sac, it was not incumbent on the owners of the fee to place obstructions therein or to notify persons using it that the license pursuant to which the travel was first permitted was revocable; the burden was on the users to notify the owners that they claimed an adverse right of use; Bohrnstedt Co. v. Scharen, 60 Or. 349, 119 Pac. 337. See Highway; Street; Cul de Sac; Way.