Definition of ROAD


ROAD

A passage through the country for the use of the people. 3
Yeates, 421.


2. Roads are public or private. Public roads are laid out by public
author-ity, or dedicated by individuals to public use. The public have the use
of such roads, but the owner of the land over which they are made and the
owners of land bounded on the highway, have, prima facie, a fee in such
highway, ad medium filum vice, subject to the easement in favor of the public.
1 Conn. 193; 11 Conn. 60; 2 John. 357 15 John. 447. But where the boundary
excludes the highway, it is, of course, excluded. 11 Pick. 193. See 13 Mass.
259. The proprietor of the soil, is therefore entitled to all the fruits which
grow by its side; 16 Mass. 366, 7; and to all the mineral wealth it contains. 1
Rolle, 392, 1. 5; 4 Day, R. 328; 1 Conn . Rep, 103; 6 Mass. R. 454; 4 Mass, R.
427; 15 Johns. Rep. 447, 583; 2 Johns. R. 357; Com. Dig. Chimin, A 2; 6 Pet.
498; 1 Sumn. 21; 10 Pet. 25; 6 Pick. 57; 6 Mass. 454; 12 Wend. 98.


3. There are public roads, such as turnpikes and railroads, which are
constructed by public authority, or by corporations. These are kept in good
order by the respective companies to which they belong, and persons travelling
on them, with animals and vehicles, are required to pay toll. In general these
companies have only a right of passage over the land, which remains the
property, subject to the easement, of the owner at the time the road was made
or of his heirs or assigns.


4. 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.


5. Public roads are kept in repair at the public expense, and private
roads by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn. Rep. 21; 2
Hill. Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass. R. 454; 4 Mass. R. 427;
15 Mass. Rep. 33; 3 Rawle, R. 495; 1 N. H. Rep. 16; 1 M Cord, R. 67; 1 Conn. R.
103; 2 John. R. 357; 1 John. Rep. 447; 15 John. R. 483; 4 Day, Rep. 330; 2
Bailey, Rep. 271; 1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736; 7 Taunt. R.
39; Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R. 473; Crabb, R. P.
§§102-104.




Source: Bouviers Law Dictionary 1856 Edition

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