road

A passage through the country for the use of the people. Respublica v. Arnold, 3 Yeates (Pa.) 421. It is frequently used as a synonym of railroad; Central R. Co. v. Ry. Co., 46 N. J. L. 292; Parker v. R. Co., 33 Fed. 699; as when a charter power to take stock in companies for making "roads" to a city was held to authorize a subscription to the stock of a railroad; Evansville v. Dennett, 161 U. S. 434, 16 Sup. Ct. 613, 40 L. Ed. 760. A state statute imposing a duty of two days' labor in every year on each person for the purpose of keeping roads in repair is not unconstitutional; Haney v. Com'rs of Bartow Co., 91 Ga. 770, 18 S. E. 28; Dennis v. Simon, 51 Ohio St. 233, 36 N. E. 832. As to the constitutionality of an act authorizing the establishment of a private way over property of another, see Eminent Domain, and also Witham v. Osburn, 4 Or. 318, 18 Am. Rep. 287, where such an act was held unconstitutional. See Highway; Way; Street; Dedication; Easement. In Maritime Law. An open passage of the sea, which, from the situation of the adjacent land, is so sheltered as to be a safe place for the riding and anchoring of vessels. Hale, de Port. Mar. p. 2, c. 2. This word, however, does not appear to have a very definite meaning; 2 Chitty, Com. Law 4, 5. Often called "roadstead"; 2 Hugh. 17.

A highway; an open way or public passage; a line of travel or communication extending from one town or place to another; a strip of land appropriated and used for purposes of travel and communication between different placos. See Stokes v. Scott County, 10 Iowa, 175; Com. v. Gammons, 23 Pick. (Mass.) 202; Hutson v. New York, 5 Sandf. (N. Y.) 312; Stedman v. South-bridge, 17 Pick. (Mass.) 164; Horner v. State, 49 Md. 283; Northwestern Tel. Exch. Co. v. Minneapolis, 81 Minn. 140, 86 N. W. 69, 53 In R. A. 175; Hart v. Town of Red Cedar, 63 Wis. 634, 24 N. W. 410.

In maritime law. An open passage of the sea that receives its denomination commonly frdm some part adjacent, which, though it lle out at sea, yet, in respect of the situation of the land adjacont, and the depth and wideness of the place, is a safe place for the common riding or anchoring of ships; as Dover road, Kirkley road, etc. Hale de Jure Mar. pt. 2, c. 2.

— Law of the road. See Law.

— Private road. This term has various meanings:
(1) A road, the soil of which belongs to the owner of the land which it traverses, but which is burdened with a right of way. Morgan v. Livingston. 6 Mart. O. S. (Lat) 231.
(2) A neighborhood way, not commonly used by others than the people of the neighborhood, though it may be used by any one having occasion. State v. Mobley, 1 McMul. (S. C.) 44.
(3) A road intended for the use of one or more private individuals, and not wanted nor intended for general public use, which may be opened across the lands of other persons by statutory authority in some states. Witham v. Osburn, 4 Or. 318, 18 Am. Rep. 287; Sherman v. Buick, 32 Cal. 252, 91 Am. Dec. 577 ; Madera County v. Raymond Granite Co., 139 Cal. l28, 72 Pac. 915.
(4) A road which is only open for the banefit of certain individuals to go from and to their homes for the service of their lands and for the use of some estates exclusively. Civ. Code La, 1900, art. 706.

— Public road. A highway; a road or way established and adopted (or accepted as a dedication) by the proper authorities for the use of the general public, and over which every person has a right to pass and to use it for all purposes of travel or transportation to which it is adapted and devoted. Cincinnati R. Co., v. Com., 80 Ky. 138; Shelby Co.unty v. Castetter, 7 Ind. App. 309, 33 N. B.986; Abbott v.Duiuth (C. Ct) 104 Fed. 837; Heninger v. Peery, 102 Va. 896, 47 S. E. 1013.

— Road districts. Public or quasi municipal corporations organized or authorized by statutory authority in many of the states for the special purpose of establishing, maintaining, and caring for public roqds and highways within their limits, sometimes invested with powens of local taxation, and generally having elective officers styled "overseers" or "commissioners" of roads. See Farmer v.' Myles, lO6 La. 333, 30 South. 858; San Bernardino County v. Southern Pac. R. Co.., 137 Cui. 659, 70 Pac. 782; Madden v. Lancaster County, 65 Fed. 191, 12 C. C. A. 066.

— Road tax. A tax for the maintenance and repnir of the public roads within the particular jurisdiction, levied either in money or in the form of so many days' labar on the public roads exacted of all the inhabitante of the district. See Lewin v. State, 77 Ala. 46.

An open or public way, including highway, street and lane; an open passage of the sea, which, though it lies out at sea, yet is a safe place for the common riding or anchormg of ships. Road, law of: the rule regulating the meeting and passing of vehicles, horsemen, pedestrians aod others on the highway.

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."

Is not limited to a public way. As used in a statute prescribing the law of the road for travellers, it should be deemed to include private ways; for the object of the law is to prescribe a rule of conduct, for the convenience and safety of those who may have occasion to travel, and actually travel, with carriages, on any place adapted to and fitted for travel, and actually used for that purpose. Commonwealth V. Gammons, 23 Pick. 201. which a way, public or private, is established. Chollar-Potosi Mining Co. v. Kennedy, 3 Nev. 361. A statute requiring cattle-guards at roadcrossings is applicable to a street-crossing in a village or city. Highways, including streets, which, strictly, are paved ways, are reads. Brace v. N. Y. Central R. R. Co., 27 N. Y. 269. But it does not apply to mere farm-crossings. Brooks V. N. Y. & Erie R. R. Co., 13 Barb. 594. A passage or way made by a man over his own farm, although, it crosses a railroad, is not a "road," in the legal sense of the term. Green v. Morris & Essex R. R. Co., 24 N. J. L. 486. An exception of public roads in a statute does not include a turnpike. A turnpike is not a public road. Buncombe Tump. Co. V. Baxter, 10 Ired. L. 222. Consult Public. ROAD; ROADSTEAD. A road or roadstead, in the commercial sense, and by the maritime deiinition, is " a place where ships may ride at anchor at some distance from the shore." In the very name, therefore, of Hampton Roads, is implied a place of anchorage at a distance from the shore. The J. W. Everman, 2 Hugh. 17.

A passage through the country for the use of the people. Roads are public or private. Public roads are laid out by public authority, or dedicated by individuals to the land over which they are made remains the proprietor of the soil, and is therefore entitled to all the fruits which grow by its side, and to all the mineral wealth they contain. 1 Rolle, 392, 1.5; 4 Day, R. 328; 1 Conn. R. 108; 6 Mass. R. 464; 4 Mass. R. 427; 15 Johns. R. 447, 583; 2 Johns. R. 357; Com. Dig. Chimin, A 2. Private roads are such as are used for private individuals only, and are not wanted for the public generally. Sometimes roads of this kind-are wanted for the accommodation of land otherwise enclosed and without access ‘to public roads. The soil of such roads belongs to the owner of the land over which they are made. Public roads are kept in repair at the public expense, and private roads by those who use them. Vide Way.