Thoroughfare

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. Whether a street which is not a thoroughfare is a highway seems not fully settled.

1 Vent. 189; 1 Hawk. P. C. c. 76, i 1.

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.

6 Taunt. 126; 5 Barn. & Aid. 456: 3 Bing. 447; 1 Campb. 260; 4 AdoL & E. 698.

But in a later English case the decision of Lord Kenyon was aflirmed the latter case is 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 Eng. Law & Eq. 69. And see 28 Eng. Law & Eq. 30.

In the United States there are but few cases in which this question has been discussed; though in Rhode Island it has been determined that a street terminating upon private land, and extending neither to another way, a mill, a market, nor other public place, is incapable of dedication to the public as a highway.

2 R. I. 172.

And a similar decision has been made in New York. 23 N. Y. 103.

And see 23 N. H. 331; 7 Johns. (N. Y.) 106.