road


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Related to road: Road transport, road test
See: access, admission, admittance, avenue, causeway, channel, course, entry, way

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 ?
Was this the well-known, uneventful road, where holiday people strolled on Sundays?
She was shading her eyes from the sun with her arm, looking anxiously down the road.
Wintzingerode was not merely to agree to the truce but also to offer terms of capitulation, and meanwhile Kutuzov sent his adjutants back to hasten to the utmost the movements of the baggage trains of the entire army along the Krems-Znaim road.
Even Gerald, after his first impulse of wonder, kept his eyes averted and fixed upon the road ahead.
He went about feeling the ground with his feet and the whip, but could not find the road anywhere.
My wife," said Defarge aloud, addressing Madame Defarge: "I have travelled certain leagues with this good mender of roads, called Jacques.
Where the road grows narrow and black between the high banks the crowd jammed, and a desperate struggle occurred.
It is almost dark, and the road is difficult to hit; besides, there have been several robberies committed lately between this and Bristol.
Now, der's two roads to de river,--de dirt road and der pike,--which Mas'r mean to take?
Eastward, between them and the populous interior valleys, lay the wilderness of the Coast Range--a game paradise, Billy heard; though he declared that the very road he traveled was game paradise enough for him.
Then there followed a great to-do through all our old inn, heavy feet pounding to and fro, furniture thrown over, doors kicked in, until the very rocks re-echoed and the men came out again, one after another, on the road and declared that we were nowhere to be found.
It was somewhat disguised from the road in passing it by yews and evergreen oaks, but it was visible enough up here.