road

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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 authority, 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 McCord, 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. Sec. 102-104.

ROAD, mar. law. A road is defined by Lord Hale to be an open passage of the sea, which, from the situation of the adjacent land, and its own depth and wideness, affords a secure place for the common 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 Chit. Com. Law, 4, 5.

References in classic literature ?
Far down the road a long-legged figure was running, with a bundle under one arm and the other hand to his side, like a man who laughs until he is sore.
Who was it thou didst see me coming down the road with?
He went on and on down the road, finally coming to a black woods, where he hid and wept as if his heart would break.
For a moment he stood thus, rubbing his hands together and looking up and down the road, and then, fear overcoming him, ran back to walk again upon the porch on his own house.
It was a summer evening when he came galloping down the road and pulled up at the gate.
So saying he donned the butcher's blouse and apron, and, climbing into the cart, drove merrily down the road to the town.
I've waited two hours down the road for his light to go out, and an extra half-hour to put him to sleep.
But he stood stock still, looking down the road in the direction in which the noise was rapidly advancing, and did not so much as take his hands out of his pockets.
Seesaw followed them and handsomely offered to see them "apiece" down the road, but Rebecca declined his escort with such decision that he did not press the matter, but went to bed to dream of her instead.
We old travelers, far down the road, can only pause to wave a hand to you.
A motor-omnibus, with its advertisement signs still displayed but a great red cross floating above it, came rocking down the road on its way to the field hospital in the distance.
Whatever other people might have thought of the result it satisfied Anne, and she tripped gaily down the road, holding her ruddy head with its decoration of pink and yellow very proudly.