A Treatise on the Law of Highways |
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act of parliament action adjoining applied assessment authority Barb benefit boat bound bridge canal carriage carriers cars charter collision commissioners common law compensation Conn Constitution construction corporation Court Cush damages damnum absque injuria dedication defendant duty easement eminent domain entitled erected Erie Railroad Co exercise ferry Grand Junction Railway grant Hamp held highway horse Ibid indictment individual injury jury land Law and Eq legislature liable Lord Lord Ellenborough Mass Matter Mayor ment navigable negligence nuisance obstruction Ohio opinion owner Paige parish party pass passage passengers Payne Penn person Pick plaintiff principle private property proprietors public highway purpose Railroad Company Railway reason recover regulations repair river rule Schenectady servant Smith soil statute street sustained taken thereof tion toll Tonawanda Railroad town trespass Turnpike Co turnpike road Utica Vermont Central Railroad vessel Wend York
Popular passages
Page 333 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 333 - The rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (ubi sup.), and the rule is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own Or.
Page 333 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 56 - In vain may it be urged that the good of the individual ought to yield to that of the community, for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested than in the protection of every individual's private rights as modelled by the Municipal Law.
Page 215 - ... or highway thus intersected to its former state, or in a sufficient manner not to impair its usefulness...
Page 282 - that the King has nothing but the passage for himself and his people : but the freehold and all profits belong to the owner of the soil.
Page 420 - When STEAM VESSELS on different courses must unavoidably or necessarily cross so near that by continuing their respective courses, there would be a risk of coming in Collision, each Vessel shall put her HELM TO PORT, so as always to pass on the LARBOARD side of each other. A STEAM VESSEL passing another in a narrow Channel, must always leave the Vessel she is passing on the LARBOARD hand.
Page 56 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community. If a new road, for instance, were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public, but the law permits no man, or set of men, to do this without consent of the owner of the land.
Page 133 - And after being thus set apart for public use, and enjoyed as such, and private and individual rights acquired with reference to it, the law considers it in the nature of an estoppel in pais, which precludes the original owner from revoking such dedication.
Page 337 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault : The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blameable carelessness of his servant having tempted the child,...