Stream

A current of water; a body of flowing water. The word, in its ordinary sense, includes rivers. But Caliis defines a stream "a current of waters running over the level at random, and not kept in with banks or walls." Call. Sew. [83,] 133. See Munson v. Hungerford, 6 Barb. (N. Y.) 270; French v. Carhart, 1 N. Y. 107; Milier v. Black Rock Springs Imp. Co., 99 Va. 747, 40 S. E. 27, 86 Am. St Rep. 924; Armfield v. State, 27 Ind. App. 488, 61 N. E. 693; Trustees of Schools v. Schroll, 120 111. 509, 12 N. E. 243, 60 Am. Rep. 575.

— Private stream. A non-navigable creek oi water-course, the bed or channel of which is exclusively owned by a private individual. See Adams v. Pease. 2 Conn. 484; Reynolds v. Com., 93 Pa461.

A current of water; a body of fiowing water.

In its common sense, the word includes rivers, but it is said properly to be restricted to water not within banks.

See Aqua, Currit, etc.; Spring; Water-course. STaEET.2 Strictly, a paved way or road, but now used for any way or road in a city or village.* In common parlance, a road or highway.^ Prima facie, a public highway.^ As used upon a map of a town Imports a public way for the free passagb of its trade and commerce.' A pubhc way,— a highway or town way, or a way which has become public by dedication or prescription.' Includes the whole surface and so much of the depth as is or can be used, not unfairly, for the ordinary purposes of a street.' Includes the sidewalks." The word may not include a road owned by a private corporation, as, a toll-road within the boundaries of a city.*" A conveyance of laud bounded by a street gives the grantee a title to the middle of the street, if the grantor, owned thereto; and, presumptively, a lot bounded by a street extends to the middle of it." The owner of a lot abutting upon a public street owns to the center. His title is a fee burdened only by the easement in the public." Such owner has a special interest in the street differing from that of the general public.'^ A street cannot be devoted to purposes inconsistent with street pm'poses without compensation being made to the abutting owners. ** A city must keep its streets in a safe condition for use. But this duty is relative, not absolute. Where a defect was created by the unauthorized act of a person not an officer of the city, the duty of the city to make repaii-s arises only after actual notice of the existence ' Sturges I'. Baymond, 27 Conn. 474 (1868). "^ L. strata (via), paved (wa3'). 3 Brace v. N. Y. Central R. Co., 27 N. Y. 271 (1883). » Sharett's Eoad, 8 Pa. 92 (1848); 4 S. & E. 106. » Hamlin v. City of Norwich, 40 Conn. 25 (1873). » City of Denver v. Clements, 6 Col. 486 (1877). ' Commonwealth v. Boston, &c. E. Co., 13S Mass. 551 (1881). 8 Coverdale u Charlton, L. K., 4 Q. B. D. 121 (1878). » Taber v. Grafmiller, 109 Ind. 209 (1886). '» Wilson V. Allegheny City, 79 Pa. 272 (1875). '> Grier ti. Sampson, 27 Pa. 190 (1856). 1= Terre Haute, &c. E. Co. u Eodel, 89 Ind. 129 (1883); Same v. Scott, 74 id. 38 (1881), cases; Columbus, &c. E. Co. V. Witherow, 82 Ala. 195 (1886), cases; 25 Am. Law Eeg. 442-44 (1886), cases. " Brakken v. Minneapolis, &c. E. Co., 29 Minn. 42-43 (1881), cases; Sciota Valley E. Co. v. Lawrence, 38 Ohio St. 45 (1882); 24 Cent. Law J. 51 (1887), cases. of the defect, or after such a lapse of time as would justify the imputation of negligence, if the defect or obstruction had not been discovered. What is such reasonable time is a question for a jury." See Dedication, 1; Gutter; Map; Obstruct, 1; Open, 1 (7), 2 (13); Pave; Repair, 2; Road; Sidewalk; Telegraph; Way. Street-ear.2 See Railroad; Vehicle. Street-sprinkler. See Vehicle. »