Johnson v. Inhabitants of Whitefield
Supreme Judicial Court of Maine
The action was case for an injury sustained by the plaintiff, as he alleged, through a defect in the ’public highway in the town of Whitefield.
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The action was case for an injury sustained by the plaintiff, as he alleged, through a defect in the ’public highway in the town of Whitefield. At the trial before Weston C. J., it appeared, that the plaintiff with his wife was traveling in a chaise drawn by one horse, and while he was driving along the usually traveled path, the horse became restive, threw up his hind legs, and got one of them over a shaft of the chaise; that the plaintiff thereupon reined him out of the traveled part of the road towards the fence on the left hand, with the view to relieve him from the situation into which…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
It is contended, that the owner of land adjoining a public highway may lawfully use that part of it, which is not prepared for the public travel. His ownership and right of use so far as may be consistent with the rights of the public need not be questioned. But it is a mistake to suppose the public rights of travel are restricted to the prepared and usually traveled path. While the town has done its duty, when it has prepared a pathway *288of suitable width in such a manner, that it can be conveniently and safely traveled with teams and carriages…
2Cited by6 opinions
- Costello v. StateSupreme Court of Alabama · 1895
- Williams v. San Francisco & Northwestern Railway Co.California Court of Appeal · 1907
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Garr v. City of McMechenWest Virginia Supreme Court · 1920
- Bennett v. Illinois Power & Light Corp.Appellate Court of Illinois · 1933
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