,libraries47       ,,the ,,road  ,,and  
,,the ,,roadside4    ,by  ,,burton      
,,willis ,,potter4    ,,boston3         
,,little1 ,,brown1 ,,and ,,company4     
#ahhf4  ,copyright1 #ahhf1 ,,by ,,burton
 ,,willis ,,potter4  ,,university       
,,press3 ,,john ,,wilson ,,and ,,son1   
,,cambridge4     ,,to  ,,the ,,honorable
 ,,john ,e4 ,,russell1  ,,secretary ,,of
 ,,the ,,massachusetts ,,board ,,of     
,,agriculture1  ,these ,pages are       
,respectfully ,inscribed1  ,,as ,a      
,,token ,,of ,,my ,,love ,,and ,,esteem 
,,for ,,him ,,as ,a ,,true ,,friend1 ,a 
,,classical ,,scholar1 ,,and ,,an       
,,eloquent ,,orator1 ,,whose ,,speeches 
,,and ,,writings ,,have ,,aided         
,,powerfully ,,in ,,bringing ,,about ,a 
,,revival ,,of ,,agriculture1 ,,and ,,in
 ,,creating ,,among ,,the ,,people ,a   
,,love ,,of ,,agriculture ,,and ,,rural 
,,life4     ,transcriber's ,note3 ,the  
asterisks in footnotes #hi and #ib have 
do not have corresponding references in 
the text4     ,,preface4   ,the chapters

 of this book relating to the laws of   
public and private ways were written and
 read as a lecture at the ,country      
,meeting of the ,massachusetts ,board of
 ,agriculture1 in ,december1 #ahhe1 at  
,framingham1 and have since been        
published in the ,report on the         
,agriculture of ,massachusetts for the  
,year #ahhe4  ,the laws as herein stated
 are1 as ,i believe1 the present laws of
 ,massachusetts relative to public and  
private ways1 and therefore they may not
 all be applicable to the ways in other 
,states2 but inasmuch as the common law 
is the basis of the road law in all the 
,states1 it will be found that the      
general principles herein laid down are 
as applicable in one ,state as in       
another4  ,believing that good roads and
 the love of rural life are essential to
 the true happiness and lasting         
prosperity of any people1 these pages   
have been written with the sincere      
desire to do something to improve our   
roads and to encourage country life2 and

 they are now given to the public with  
the hope that they will exert some      
little influence in promoting these     
objects4  ,b4 ,w4 ,p4  ,,worcester1     
,,mass41 ,may1 #ahhf4     ,,contents4   
,,chapter ,i4  ,,history1 ,,importance1 
,,and ,,significance ,,of ,,roads4      
,,page  ,roads the symbols of progress  
and civilization4 ,macaulay and         
,bushnell on the value of public        
highways4 ,the first sponsors of art1   
science1 and government were the        
builders of roads4 ,the ancient highway 
between ,babylon and ,memphis4 ,the     
,carthaginians as road-makers4 ,roman   
roads3 their construction1 extent1 and  
durability2 their instrumentality in    
giving ,rome her pre-eminence in the    
ancient world2 their mode of            
construction described4 ,ponderous roads
 in ,china4 ,magnificent highways in the
 ancient empires of ,mexico and ,peru4  
,prescott's description of the great    
roads in ,peru4 ,bad condition of the   
,english roads in the sixteenth century4

 ,with the revival of modern            
civilization the improvement of the     
public highways has engaged the thought 
of public and scientific men4           
,advantages of good roads generally and 
especially as the means of a proper     
distribution of population4             
#a-aa   ,,chapter ,,ii4  ,,location4    
,best possible location desirable4      
,permanent nature of roads4 ,many of the
 ancient roads are still travelled by   
the people of to-day4 ,the law of the   
survival of the fittest applicable to   
the location of roads4 ,the makers of a 
good road often build better than they  
know4 ,roads may be located in three    
different ways4 ,the old ,romans and the
 modern ,latin nations locate in        
straight lines4 ,the ,english-speaking  
people usually locate their roads in    
curved lines4 ,curved roads have many   
advantages over straight ones1 as good  
grades are more desirable than straight 
roads4                                  
#ab-af   ,,chapter ,,iii4               

,,construction4  ,importance of         
drainage4 ,good roads impossible without
 proper drainage4 ,proper width of roads
 for travel4 ,they should be wide enough
 to admit of foot-paths at their sides4 
,every road should be crowned           
sufficiently to run off the surface     
water1 but not enough to make the       
road-bed too unlevel4 ,the golden mean  
is to be sought4 ,a macadamized road the
 cheapest and best for our climate and  
soil4 ,proper foundation and depth of   
stone covering for such a road4 ,the    
,telford road sometimes the best for    
clayey soil4 ,its construction4 ,they   
will be the future roads of our country4
 ,earth-roads now generally prevail4    
,how to make them1 and how to keep them 
up4                                     
#ag-ba   ,,chapter ,,iv4  ,,repairs4    
,economy and public convenience require 
roads to be kept up the year round4     
,advantages of a road always in good    
condition4 ,evils of the present system 
of annual or semi-annual repairs4 ,the  

present system described4 ,advantages of
 the continual-repair system illustrated
 by the great turnpike from ,virginia   
,city to ,sacramento1 by ,baden1        
,germany1 ,france1 ,switzerland1 ,great 
,britain1 and towns in the vicinity of  
our great cities4 ,this system alone    
will prevail when the principles of     
road-making become better known4        
#bb-bg   ,,chapter ,v4  ,,laws          
,,relating ,,to ,,the ,,laying ,,out    
,,of ,,ways4  ,for what purposes ways   
may be laid out1 and how they may be    
established4 ,may be laid out by town or
 county authorities4 ,distinction       
between town ways and public highways4  
,when the public officials refuse to lay
 out ways1 parties interested may       
appeal4 ,how damages are avoided and    
costs paid4                             
#bh-ca   ,,chapter ,,vi4  ,,law ,,as    
,,to ,,repairs4  ,how and by whom ways  
are to be kept in repair4 ,the duties   
and rights of the public authorities in 
making repairs4 ,the boundaries of      

highways4 ,the rights of travellers as  
to the removal of obstructions in the   
road4 ,unauthorized persons have no     
right to repair ways4 ,highways to be   
protected by proper railings4 ,how wide 
roads should be4                        
#cb-ce   ,,chapter ,,vii4               
,,guide-,,posts1 ,,drinking-,,troughs1  
,,and ,,fountains4  ,guide-posts to be  
erected and maintained at suitable      
places4 ,penalties attached to neglect  
or refusal to erect and maintain them4  
,town officers may establish and        
maintain drinking-troughs1 wells1 and   
fountains4 ,their duty in this respect4 
#cf-ch    ,,chapter ,,viii4  ,,shade    
,,trees1 ,,parks1 ,,and ,,commons4      
,towns and cities have authority to     
beautify the roadsides and public       
squares4 ,may plant trees and encourage 
their planting by adjoining owners and  
improvement societies4 ,the rights of   
improvement societies and the penalties 
for interfering with their work4 ,shade 
trees and other ornamental fixtures not 

to be injured or destroyed4       #ci-da
    ,,chapter ,,ix4  ,,public ,,use ,,of
 ,,highways4  ,how roads are to be used 
by the public and adjoining owners4 ,due
 care to be used by travellers4 ,masters
 responsible for their servants' acts4  
,no responsibility for inevitable       
accidents4 ,what is a proper rate of    
speed4                                  
#db-dd    ,,chapter ,x4  ,,the ,,law    
,,of ,,the ,,road4  ,rules for the      
meeting1 passing1 and conduct of teams  
on the road4 ,these rules not           
inflexible4 ,when they may be deviated  
from4 ,each traveller has a right to a  
fair share of the road4 ,the rights of  
light and heavily loaded vehicles4 ,when
 a traveller with team may use track of 
street railway4                         
#de-di   ,,chapter ,,xi4  ,,equestrians 
,,and ,,pedestrians4  ,equestrians must 
give way for vehicles4 ,the law of the  
road does not apply to them by the terms
 of the statutes1 but they should       
observe it as far as practicable4       

,pedestrians have a right to walk on    
carriage-way4 ,in cities they should    
walk on the sidewalks4 ,they must use   
due care4 ,their rights on cross-walks4 
,they are not subject to the law of the 
road4 ,they may walk out on ,sunday for 
their health4                           
#ej-ec   ,,chapter ,,xii4  ,,omnibuses1 
,,stages1 ,,and ,,horse-,,cars4         
,carriers of passengers for hire are    
bound to use due diligence in providing 
suitable coaches1 harnesses1 horses1 and
 coachmen4 ,they must not leave their   
horses unhitched4 ,if they receive      
passengers when their coaches are       
already full1 they must use increased   
care4 ,passengers must pay fare in      
advance1 if demanded4                   
#ed-ef   ,,chapter ,,xiii4  ,,purposes  
,,for ,,which ,,highways ,,may ,,be     
,,used4  ,public ways are mainly for the
 use of travellers1 but they may be used
 for other public purposes1 gas1        
water-pipes1 sewers1 street railways1   
telephone and telegraph lines1 etc4     

,every one may use the highway to his   
own advantage1 but with regard to the   
like rights of others4 ,what animals and
 vehicles are allowed upon the road4    
,towns and cities may regulate by       
by-laws the use and management of the   
public ways4  #eg-fa   ,,chapter ,,xiv4 
,,use ,,of ,,highways ,,by ,,adjoining  
,,owners4  ,they own the fee in the     
land1 and are entitled to all the       
profits of the freehold1 the grass1 the 
trees1 fruit1 etc4 ,if the land in the  
way is subjected to any new servitude1  
like an elevated railroad or telegraph  
or telephone lines1 they are entitled to
 damages4 ,they can load and unload     
vehicles in connection with their       
business on their premises1 but it must 
be done in such a manner as not to      
incommode the travelling public4 ,they  
must not fill up the roadside with logs1
 wood1 or rubbish of any kind4          
#fb-fi   ,,chapter ,,xv4  ,,private     
,,ways4  ,private ways may be           
established and discontinued in the same

 manner as public ways4 ,the owner of   
such way must keep it in repair4 ,the   
owner of the soil may use it for        
agricultural purposes1 and keep up bars 
and gates4 ,the law of the road applies 
to private ways4           #gj-gb       
,,chapter ,,xvi4  ,,don',t4  ,don't     
drink intoxicating liquors when         
travelling4 ,don't forget to look out   
for the engine while the bell rings4    
,don't take animals affected by         
contagious diseases on the public way4  
,don't go upon the road if you are      
afflicted with a contagious or          
infectious disease4 ,don't go out       
sleigh-riding without bells attached to 
your harness4 ,don't try to drive a     
horse on the road unless you know how to
 manage him4 ,don't ride with a careless
 driver4 ,don't use a vicious horse1 or 
let him to be used on the road4 ,don't  
let your horses get beyond your control4
 ,don't encroach upon or abuse the      
highway4 ,don't ride on the outside     
platform of a passenger coach4 ,don't   

jump off a coach when it is in motion4  
,don't wilfully break down1 injure1     
remove1 or destroy a milestone1         
mile-board1 or guide-post4 ,don't go out
 of the road-way upon adjoining land4   
,don't suppose that everything that     
frightens your horse or causes an       
accident is a defect in the highway4    
,don't fail to give notice in writing if
 you meet with an accident on the road4 
,don't convey land encumbered with a    
right of way4 ,don't keep a barking dog4
                                  #gc-hc
   ,,chapter ,,xvii4  ,,foot-,,paths4   
,necessity of air1 sunlight1 and        
exercise4 ,the progenitors of every     
vigorous race have found in forest and  
wilderness the sources of their         
strength4 ,the ,israelites1 ,greeks1    
,romans1 ,dutch1 ,anglo-,saxons4 ,the   
teachings of ,nature essential to the   
development of the human mind4 ,job1    
,david1 ,plato1 ,aristotle1 ,christ1    
,wordsworth4 ,foot-paths tend to bring  
people into the open air and into       

communion with ,nature4 ,the by-ways of 
old ,england4 ,towns and cities should  
lay out foot-paths4                     
#hd-hh   ,,chapter ,,xviii4  ,,within   
,,and ,,without ,,the ,,roadside4       
,every dweller under obligation to      
maintain neatness and order within and  
without his roadside4 ,unselfish        
exertion in this behalf pays4 ,he who   
beautifies the roadside benefits mankind
 and himself alike4 ,a dirty and shabby 
dwelling gives a traveller a mean idea  
of its inmates4 ,a cosey and clean house
 always speaks well for its inmates4    
,every homestead should be adorned with 
trees4 ,the beauty and utility of trees4
 ,they are inseparable from well-tilled 
land and beautiful scenery4 ,wayside    
shrubbery3 its use and abuse2 it should 
be allowed where green grass will not   
grow4                                   
#hi-id   ,,chapter ,,xix4  ,,enjoyment  
,,of ,,the ,,road4  ,a traveller should 
have a hopeful and sunshiny disposition4
 ,he should be in harmony with ,nature2 

he should have an observing eye to enjoy
 the latent enjoyments of the way4 ,how 
the observing faculties may be          
cultivated4 ,the pleasures incident to  
knowing how to appreciate the beautiful 
in ,nature4 ,the different degrees of   
enjoyment in the same situation4 ,the   
love of ,nature the sign of goodness of 
heart4 ,ruskin1 ,wordsworth1 ,christ4   
,what an observing traveller can see to 
admire and enjoy on the road1 grass1    
flowers1 trees1 as reminders of human   
beings1 domestic and pastoral scenery1  
mountains1 animal and vegetable life1   
sun and sunlight1 latent enjoyments in  
himself4          #ie-ajd     ,,the     
,,road  ,,and  ,,the ,,roadside4        
,,chapter ,i4  ,,history1 ,,importance1 
,,and ,,significance ,,of ,,roads4      
,the development of the means of        
communication between different         
communities1 peoples1 and races has ever
 been coexistent with the progress of   
civilization4 ,lord ,macaulay declares  
that of all inventions1 the alphabet and

 printing-press alone excepted1 those   
inventions which abridge distance have  
done most for the civilization of our   
species4 ,every improvement of the means
 of locomotion benefits mankind morally 
and intellectually as well as           
materially4  ,the road1 ,bushnell says1 
is that physical sign or symbol by which
 you will best understand any age or    
people4 ,if they have no roads1 they are
 savages2 for the road is the creation  
of man and a type of civilized society4 
,if you wish to know whether society is 
stagnant1 learning scholastic1 religion 
a dead formality1 you may learn         
something by going into universities and
 libraries1 something also by the work  
that is doing on cathedrals and churches
 or in them1 but quite as much by       
looking at the roads2 for if there is   
any motion in society1 the road1 which  
is the symbol of motion1 will indicate  
the fact4  ,as roads are the symbols of 
progress1 so1 according to the          
philosophy of ,carlyle1 they should only

 be used by working and progressive     
people1 as he asserts that the public   
highways ought not to be occupied by    
people demonstrating that motion is     
impossible4 ,hence1 when we trace back  
the history of the race to the dawn of  
civilization1 we find that the first    
sponsors of art and science1 commerce   
and manufacture1 education and          
government1 were the builders and       
supporters of public highways4  ,the two
 most ancient civilizations situated in 
the valleys of the ,nile and the        
,euphrates were connected by a          
commercial and military highway leading 
from ,babylon to ,memphis1 along which  
passed the war chariots and the armies  
of the great chieftains and military    
kings of ancient days1 and over which   
were carried the gems1 the gold1 the    
spices1 the ivories1 the textile        
fabrics1 and all the curious and        
unrivalled productions of the luxurious 
,orient4 ,on the line of this roadway   
arose ,nineveh1 ,palmyra1 ,damascus1    

,tyre1 ,antioch1 and other great        
commercial cities4  ,on the southern    
shores of the ,mediterranean the        
,carthaginians built up and consolidated
 an empire so prominent in military and 
naval achievements and in the arts and  
industries of civilized life1 that for  
four hundred years it was able to hold  
its own against the preponderance of    
,greece and ,rome2 and as might have    
been expected1 they were systematic and 
scientific road-makers from whom the    
,romans learned the art of              
road-building4  ,the ,romans were apt   
scholars1 and possessed a wonderful     
capacity not only to utilize prior      
inventions but also to develop them4    
,they were beyond question the most     
successful and masterful road-builders  
in the ancient world2 and the perfection
 of their highways was one of the most  
potent causes of their superiority in   
progress and civilization4 ,when they   
conquered a province they not only      
annexed it politically1 by imposing on  

its people their laws and system of     
government1 but they annexed it socially
 and commercially1 by the construction  
of good roads from its chief places to  
one or more of the great roadways which 
brought them in easy and direct         
communication with the metropolis of the
 ,roman world4 ,and when their territory
 reached from the remote east to the    
farthest west1 and a hundred millions of
 people acknowledged their military and 
political supremacy1 their capital city 
was in the centre of such a network of  
highways that it was then a common      
saying1 ,all roads lead to ,rome4 ,from 
the forum of ,rome a broad and          
magnificent highway ran out towards     
every province of the empire4 ,it was   
terraced up with sand1 gravel1 and      
cement1 and covered with stones and     
granite1 and followed in a direct line  
without regard to the configuration of  
the country1 passing over or under      
mountains and across streams and lakes1 
on arches of solid masonry4 ,the        

military roads were under the pretors1  
and were called pretorian roads2 and the
 public roads for travel and commercial 
traffic were under the consuls1 and were
 called consular roads4 ,these roads    
were kept entirely distinct2 the        
pretorian roads were used for the       
marching of armies and the              
transportation of military supplies1 and
 the consular roads were used for       
traffic and general travel4 ,they were  
frequently laid out alongside of each   
other from place to place1 very much as 
railroads and highways are now found    
side by side4 ,the consular roads were  
generally twelve feet wide in the       
travelled pathway1 with a raised footway
 on the side2 but sometimes the footway 
was in the middle of the road1 with a   
carriage-way on each side of it4 ,the   
military roads were generally sixty feet
 wide1 with an elevated centre1 twenty  
feet wide1 and slopes upon either side1 
also twenty feet wide4 ,stirrups were   
not then invented1 and mounting stones  

or blocks were necessary accommodations2
 and hence the lines of the roads were  
studded with mounting-blocks and also   
with milestones4 ,some of these roads   
could be travelled to the north and     
eastward two thousand miles2 and they   
were kept in such good repair that a    
traveller thereon1 by using relays of   
horses1 which were kept on the road1    
could easily make a hundred miles a day4
 ,far as the eye could see stretched    
those symbols of her all-conquering and 
all-attaining influence1 which made the 
most distant provinces a part of her    
dominions1 and connected them with her  
imperial capital by imperial highways4  
,the ,romans not only had great public  
highways1 but they possessed a complete 
and systematic network of cross-roads1  
which connected villages1 and brought   
into communication therewith cultivated 
farms and prosperous homesteads4 ,in    
,italy alone it is estimated that they  
had about fourteen thousand miles of    
good roads4 ,their laws relating to the 

construction and maintenance of highways
 were founded in reason and a just      
conception of the uses and objects of   
public ways2 and they are the basis of  
modern highway legislation4 ,by their   
law the roads were for the public use   
and convenience1 and their emperors1    
consuls1 and other public officials were
 their conservators4 ,they were built at
 the public expense1 under the          
supervision of professional engineers   
and surveyors1 and kept in repair by the
 districts and provinces through which  
they passed4  ,but during the dark ages1
 when arts were lost1 when popular      
learning disappeared or found shelter   
only in cloisters and convents1 when    
commercial intercourse between nations  
vanished1 and when civilization itself  
lay fallen and inert1 these magnificent 
,roman roads were unused and left to the
 destructive agencies of time and the   
elements of ,nature4 ,rains and floods  
washed away and inundated their         
embankments2 forests and rank vegetation

 overgrew and concealed them2 winds     
covered them with dust and heaps of     
sand2 and little by little in the       
process of ages their hard surfaces and 
massive foundations were somewhat broken
 and caused to partially decay4 ,that   
their remains still exist in every part 
of the world which ever bore up the     
,roman legions is conclusive evidence   
that they were built by master workmen  
who realized that they were responsible 
to posterity and to the eternal powers4 
,in the elder days of ,art              
,builders wrought with greatest care    
,each minute and unseen part2       ,for
 the gods see everywhere4  ,in ,china1  
at one time1 labor was so abundant that 
it was kept employed in constructing    
great walls and ponderous roads4 ,the   
road-bed was raised several feet above  
the level of the ground by an           
accumulation of great stones1 and then  
covered with huge granite blocks4 ,it   
was found that in time the wheels of    
vehicles wore deep ruts in the stones1  

while the travelled part of the road    
became so smooth that it was almost     
impossible for animals to stand thereon4
  ,in the ancient empires of ,mexico and
 ,peru1 where there were no beasts fit  
for draught or for riding1 magnificent  
roads were constructed for the treble   
purpose of facilitating the march of    
armies1 accommodating the public        
traffic1 and ministering to the         
convenience and luxury of the lordly    
rulers4 ,in ,peru two of these roads    
were from fifteen hundred to two        
thousand miles long1 extending from     
,quito to ,chili1--one by the borders of
 the ocean1 and the other over the grand
 plateau by the mountains4 ,prescott    
says3 ,the road over the plateau was    
conducted over pathless sierras buried  
in snow2 galleries were cut for leagues 
through the living rock2 rivers were    
crossed by means of bridges that swung  
suspended in the air2 precipices were   
scaled by stairways hewn out of the     
native bed2 ravines of hideous depth    

were filled up with solid masonry2 in   
short1 all the difficulties that beset a
 wild and mountainous region1 and which 
might appall the most courageous        
engineer of modern times1 were          
encountered and successfully overcome4  
,stone pillars in the manner of         
,european milestones were erected at    
stated intervals of somewhat more than a
 league all along the route4 ,its       
breadth scarcely exceeded twenty feet4  
,it was built of heavy flags of         
freestone1 and in some parts1 at least1 
covered with a bituminous cement1 which 
time has made harder than the stone     
itself4 ,in some places where the       
ravines had been filled up with masonry1
 the mountain torrents1 wearing on it   
for ages1 have gradually eaten a way    
through the base1 and left the          
superincumbent mass--such is the        
cohesion of the materials--still        
spanning the valley like an arch4       
,another great road of the ,incas lay   
through the level country between the   

,andes and the ocean4 ,it was           
constructed in a different manner1 as   
demanded by the nature of the ground1   
which was for the most part low1 and    
much of it sandy4 ,the causeway was     
raised on a high embankment of earth1   
and defended on either side by a parapet
 or wall of clay2 and trees and         
odoriferous shrubs were planted along   
the margin1 regaling the sense of the   
traveller with their perfume1 and       
refreshing him by their shades1 so      
grateful under the burning sky of the   
tropics4  ,the care of the great roads  
was committed to the districts through  
which they passed1 and a large number of
 hands was constantly employed to keep  
them in repair4 ,this was the more      
easily done in a country where the mode 
of travelling was altogether on foot2   
though the roads are said to have been  
so nicely constructed that a carriage   
might have rolled over them as securely 
as on any of the great roads of ,europe4
 ,still1 in a region where the elements 

of fire and water are both actively at  
work in the business of destruction1    
they must without constant supervision  
have gradually gone to decay4 ,such has 
been their fate under the ,spanish      
conquerors1 who took no care to enforce 
the admirable system for their          
preservation adopted by the ,incas4 ,yet
 the broken portions that still survive 
here and there1 like the fragments of   
the great ,roman roads scattered over   
,europe1 bear evidence of their         
primitive grandeur1 and have drawn forth
 eulogium from the discriminating       
traveller2 for ,humboldt1 usually not   
profuse in his panegyrics1 says1 ',the  
roads of the ,incas were among the most 
useful and stupendous works ever        
executed by man4'  ,with the revival of 
human thought and civilization after the
 ,middle ,ages1 the improvement of the  
roads engaged the attention of public   
and scientific men1 and became once more
 an object of government2 but for a long
 time the rulers who concerned          

themselves about roads thought more     
about repressing the crimes of violence 
and extortion thereon than they did     
about improving their condition for     
travel4 ,the first act of the ,english  
,parliament relative to the improvement 
of roads in the kingdom was in #aebc2   
yet in #afhe most of the roads in       
,england were in a deplorable condition4
  ,macaulay says that on the best       
highways at that time the ruts were     
deep1 the descents precipitous1 and the 
way often such that it was hardly       
possible to distinguish it in the dark  
from the unenclosed heath and fen which 
lay on both sides4 ,it was only in fine 
weather that the whole breadth of the   
road was available for wheeled vehicles2
 often the mud lay deep on the right and
 on the left1 and only a narrow track of
 firm ground rose above the quagmire4   
,it happened almost every day that      
coaches stuck fast until a team of      
cattle could be procured from some      
neighboring farm to tug them out of the 

slough4 ,but to the honor of ,england1  
this condition of her roads was not     
allowed to continue very long4 ,although
 her progress in trade and prosperity   
has been marvellously rapid1 yet such   
progress can be measured by the         
improvement of her roads1 which are now 
unsurpassed anywhere in the world4      
,beyond question1 internal              
communications are of vital importance  
to every nation1 and good roads are a   
prime necessity to every town or city4  
,a good road is always a source of      
comfort and pleasure to every traveller4
 ,it is also a source of great saving   
each year in the wear and tear of       
horse-flesh1 vehicles1 and harnesses4   
,good roads to market and neighbors     
increase the price of farm produce1 and 
bring people into business relations and
 good fellowship1 and thereby enhance in
 value every homestead situated in their
 neighborhood4 ,they cause a proper     
distribution of population between town 
and country4 ,for many years in this    

country there has been a movement of    
population from the rural districts into
 the cities and manufacturing villages4 
,many ancestral homesteads have been    
deserted for promising fresh woods and  
pastures new in the commercial world4   
,this centralization of population is   
evidently a violation of economic laws1 
and when carried too far results in     
business depression1 in the             
multiplication of tramps1 and in the    
origination and development of          
industrial and social troubles4 ,the    
remedy for this state of affairs is     
found in the readjustment and proper    
distribution of population between town 
and country4 ,when men1 sick of waiting 
on waning business prospects1 turn to   
the soil as their only refuge from      
non-employment and surplus productions  
of factories1 and reoccupy and          
rehabilitate deserted or run-down farms1
 then business revives1 and the wheels  
of industry and enterprise revolve      
steadily and with increased velocity at 

each revolution4 ,bad roads have a      
tendency to make the country            
disagreeable as a dwelling-place1 and a 
town which is noted for its bad roads is
 shunned by people in search of rural   
homes4 ,on the other hand1 good roads   
have a tendency to make the country a   
desirable dwelling-place1 and a town    
which is noted for its good roads       
becomes the abode of people of taste1   
wealth1 and intelligence4 ,hence it     
behooves every town to make itself a    
desirable place of residence2 for many  
people are always puzzling themselves   
over the problem of where and how to    
live1 and those towns which have their  
floors swept and garnished and their    
lamps trimmed and burning ready to      
receive the bride and bridegroom1 will  
be most likely to attract within their  
borders the seekers of farm life and    
rural homes4 ,we now live in the city   
and go to the country2 but we should    
live in the country and go to the city4 
,this is a consummation devoutly to be  

wished2 but it can never be brought     
about until good roads connect the      
cities and villages with the green      
fields and beautiful scenery of the     
country4 ,all money and labor expended  
upon them result immediately in a       
convenience and benefit to the whole    
community4 ,every one should deem it an 
honor to be able to do anything to      
improve and beautify the highways of his
 town4 ,the ,lacedemonian kings were ex 
officio highway surveyors1 and among the
 ,thebans the most illustrious citizens 
were proud to hold that office2 and a   
few years ago ,horatio ,seymour1 of ,new
 ,york1 said that his only remaining    
ambition for public life was to be      
regarded as the best path-master in     
,oneida ,county4     ,,chapter ,,ii4    
,,location4   ,when a new road is laid  
out it is important that it should be   
located in the best attainable place1   
considering the natural formation of the
 surrounding country2 for when a highway
 is once established it is impossible to

 say how long the tide of humanity and  
commercial traffic will seek passage    
over it4 ,while the ordinary processes  
of ,nature--rain1 thaw1 and frost--are  
ever at work lowering the hills and     
mountains and filling up the valleys and
 lowlands1 the public highways of a     
country remain in the same relative     
positions from age to age4  ,the great  
commercial and military highway which in
 the early dawn of ,roman history led   
from the banks of the placid ,euphrates 
to the banks of the many-mouthed        
,nile--over which ,abraham once wended  
his weary steps on his way to ,canaan1  
over which the hosts of ,xerxes and the 
brave phalanxes of ,alexander the ,great
 once passed in all the pride and glory 
of war1 over which the wise men of the  
,east probably journeyed in search of   
him who was born ,king of the ,jews1    
over which ,mary fled with ,christ in   
her flight into ,egypt1 and along which 
the early ,christians travelled as they 
went forth to preach the fatherhood of  

,god and the brotherhood of men--is     
to-day the highway over which is carried
 on the overland intercourse between the
 ,mediterranean and the ,persian ,gulf4 
,many of the present roads in ,italy and
 the neighboring countries are identical
 with the roads over which ,csar1       
,cicero1 and other ,romans travelled in 
the olden days2 and the modern ,british 
roads are the same1 in many cases1 as   
those used by the ancient ,britons      
before the ,anglo-,saxon conquest4  ,the
 law of the survival of the fittest is  
applicable to the location of roads1 and
 any well-located road is liable to be  
used as a public way during the         
occupancy of the earth by the human     
race2 and if it is not made famous by   
the passage of illustrious persons or   
sanctified by the footsteps of saints1  
yet it is liable to be travelled through
 coming ages by mute inglorious ,miltons
 and by care-encumbered men4 ,it        
sometimes happens that men and women1 in
 doing faithfully and well the nearest  

duty1 perform work which turns out      
better than they expect4      ,the hand 
that rounded ,peter's dome1     ,and    
groined the aisles of ,christian ,rome1 
,wrought in a sad sincerity2            
99     99     99     99      ,he builded
 better than he knew4  ,the originators 
of many great reforms in law and        
religion1 in working to establish       
principles applicable and needful to    
local issues1 have thereby1             
unconsciously to themselves1 established
 principles which have proved beneficial
 and applicable to the whole human race4
 ,in the stress of trying times we have 
discovered in the constitution of our   
country latent powers which its framers 
never dreamed were there4 ,thus it is   
with the humble occupation of           
road-building4 ,a road constructed for  
the convenience of some primitive       
community or to gratify the caprice of  
some rich man or lordly ruler becomes   
often in after years an ,appian ,way for
 public travel and commercial           

intercourse4  ,a road may be located in 
one of three ways4 ,it may be laid out  
in a straight line by crossing lowlands 
in the mud and going over hills at steep
 grades4 ,the ancient ,britons1 like the
 early settlers in this country1        
established their homesteads and        
villages on commanding situations1 and  
ran their roads and bridle-paths in     
direct courses by their habitations4    
,the ,romans1 possessors of great wealth
 and abundant slave-labor1 built their  
military and public roads in direct     
lines from place to place1 regardless of
 expense4 ,in this way they shortened   
distances somewhat1 but their roads must
 have been constructed at enormous      
expense in money and labor4 ,their roads
 were marvels of engineering skill and  
workmanship1 which even now1 after the  
lapse of eighteen centuries1 impress    
every thoughtful observer with the idea 
that he is in the presence of the work  
of the immortals4 ,they threw arched    
bridges of solid masonry over rivers and

 across ravines2 they cut tunnels       
through mountains1 and sometimes carried
 their roads underground for the sole   
purpose of shelter from the sun2 they   
levelled heights and made deep cuts     
through hills2 and when they came to a  
marsh they built a causeway high enough 
and strong enough to make it safe and   
dry at all seasons of the year4 ,this   
mode of location is still followed in   
the ,latin countries of ,italy1 ,france1
 and ,spain1 where many of the roads are
 identical with the old ,roman roads4   
,the other mode of locating a highway is
 to seek the best attainable grade the  
country will permit of by winding       
through valleys and around and across   
hills4 ,there is obviously one advantage
 to a perfectly straight road between   
two places3 it is the nearest route4    
,but this is about the only advantage a 
straight road has over a curved one4 ,in
 a hilly country a straight road is     
frequently no shorter than a curved one1
 because the distance around a hill is  

generally no greater than over it1 as   
the length of a pail-handle is the same 
whether it is vertical or in a          
horizontal position4 ,in an uneven      
country a straight road with anything   
like the same grade as the curved road  
can only be constructed at enormous and 
unnecessary expense and labor4 ,even in 
a level country a road curved           
sufficiently to give variety of view and
 to conform to ,hogarth's line of beauty
 is preferable to a perfectly straight  
road1 which is always tedious to the    
traveller4      ,the road the human     
being travels1     ,that on which       
blessing comes and goes1 doth follow    
,the river's course1 the valley's       
playful windings1     ,curves round the 
corn-field and the hill of vines4       
,moreover1 we are told by competent     
engineers that the difference in length 
between a straight and a slightly curved
 road is very small4 ,thus1 if a road   
between two places ten miles apart was  
made to curve so that the eye could     

nowhere see farther than a quarter of a 
mile of it at once1 its length would    
exceed that of a perfectly straight road
 between the same points by only about  
one hundred and fifty yards4  ,but1 in  
any event1 in road-making mere          
straightness should always yield to a   
level grade1 even if thereby the        
distance is greatly increased2 for on a 
good grade a horse can draw rapidly and 
easily a load which it would be         
impossible for him to draw on a steep   
grade4 ,it is an accepted maxim by      
road-engineers that the horizontal      
length of a road may be advantageously  
increased1 to avoid an ascent1 by at    
least twenty times the perpendicular    
height which is to be thus saved2 that  
is1 to escape a hill a hundred feet     
high1 it would be proper for the road to
 make such a circuit as would increase  
its length to two thousand feet4  ,hence
 it is apparent that the ordinary road  
in a hilly and uneven country should    
follow the streams as far as possible1  

as ,nature has located them in the      
places best adapted for highways2 and   
when hills are found on the line of a   
road they should be surmounted by       
passing around and across them at the   
easiest grades possible rather than over
 them at steep grades4     ,,chapter    
,,iii4  ,,construction4   ,suitable     
drainage is the first requisite of a    
good road1 as with our climate and soil 
it is impossible to have a road in a    
satisfactory condition at all seasons of
 the year unless the same is well       
drained4 ,in building a new road        
provisions should be made to get rid of 
all surface water1 and in wet land of   
the water in the soil1 by ditches and   
drains sufficient to dispose of it in a 
thorough manner2 and in repairing an old
 road it frequently happens that its    
condition can be greatly improved and   
sometimes perfected by simply providing 
proper drainage for it4 ,it is not      
sufficient to have ditches on each side 
of the road2 for if the water stands in 

them it is liable to make the road muddy
 and to weaken its substratum4 ,the     
ditches themselves should be thoroughly 
drained1 and all the water which        
accumulates in them should be carried   
into the natural watercourses of the    
country1 or at any rate beyond the      
limits of the highway4  ,every          
carriage-road ought to be wide enough at
 nearly all points to allow two vehicles
 to pass each other in safety4 ,whether 
it should be wider than that depends    
upon its location and its importance as 
a public thoroughfare4 ,any unnecessary 
width should be avoided1 except on      
pleasure and showy boulevards1 because  
thereby land is wasted1 and labor and   
cost in construction and repair are     
increased4 ,all important highways      
should be wide enough to admit of       
footpaths five or six feet wide on each 
side1 and of a macadamized or travelled 
way commensurate to the public traffic  
thereon4  ,if a road is to be made wider
 than two vehicles require1 it should be

 made wide enough to accommodate one or 
more vehicles2 for any intermediate     
width causes unequal and excessive wear1
 and therefore is false economy4  ,the  
road-bed should generally be raised     
above the level of the surrounding land1
 in order that it may be as free as     
possible from water2 and it should crown
 sufficiently to allow all the surface  
water1 to find its way quickly into the 
side ditches4 ,if it is not crowned     
enough1 it soon becomes hollow1 and     
therefore either muddy or dusty1 and in 
times of heavy rains or thaws the water 
stands or flows in the middle of the    
road4 ,if it is crowned too much1 the   
drivers of vehicles will seek the middle
 of the road in order to keep their     
vehicles in level positions1 and        
consequently the excessive travel in one
 part of the road soon wears it into    
ruts in which water accumulates1 and    
carriages in meeting are forced to      
travel on a side hill1 which causes     
unnecessary wear to the road by sliding 

down towards the ditches4 ,this sliding 
tendency greatly augments the labor of  
the horses and the wear and tear of the 
carriages4 ,evidently1 then1 the wise   
course to pursue in the matter of       
crowning the road is to hit the golden  
mean4 ,much of success in life depends  
upon striking the golden mean1 for human
 experience teaches that those who      
follow in this pathway are apt to find  
themselves among the happy and the      
successful4 ,the advice which the wise  
old ,horace made a sage seaman give two 
thousand years ago is good for          
road-makers of to-day1--      ,licinius1
 trust a seaman's lore3       ,steer not
 too boldly to the deep2     ,nor       
dreading storms by treacherous shore    
,too closely creep4  ,it ought therefore
 to be an accepted maxim in road-making 
that the road-bed should be so          
constructed as to induce vehicles to    
travel it equally in every part4  ,for  
our climate and soil1 no doubt1 a       
macadamized road is the cheapest and    

best for general travel4 ,this is made  
by covering the bottom of the road-bed  
with stones broken into angular pieces  
to a depth of from four to twelve       
inches4 ,the bottom of the road-bed     
should be solid earth1 and crowned      
sufficiently to carry off all water that
 may reach it4 ,the depth of the stone  
coating may properly vary from four to  
twelve inches1 as required by the nature
 of the soil1 the climate1 and the      
travel on it2 and the size of the broken
 stones may also be varied to meet the  
requirements of the road4 ,if there is  
to be heavy travel on the road1 the     
stone coating should be thicker than on 
a road over which only lightly loaded   
teams are expected to pass2 and in the  
former case the broken stones should be 
larger than in the latter case4 ,in any 
event1 the top of the stone coating     
should be composed of stones broken into
 small fragments4 ,a coating1 from four 
to six inches in depth1 of broken stones
 from one to two inches in diameter is  

ordinarily sufficient to make a hard1   
dry1 and beautiful country-road1 if kept
 up at all seasons of the year4 ,flat or
 round stones should never be used1     
because they will not unite and         
consolidate into a mass1 as small       
angular stones will do4 ,when travel is 
first admitted upon the stone coating1  
the ruts should be filled up as soon as 
formed2 or what is better1 a heavy      
roller should be used until the stones  
have become well consolidated4          
,sometimes in wet or clayey soil it is  
well to put at the bottom of the stone  
coating a layer of large stones1 set on 
their broadest edges and lengthwise     
across the road in the form of a        
pavement4 ,this is called a ,telford    
road1 and has advantages over the       
,mc,adam road in a soil retentive of    
moisture1 as the layer of large stones  
operates as an under drain to the stone 
coating above it4  ,it is undoubtedly   
true that the ,mc,adam or ,telford road 
is the best road for all practical      

purposes in this country1 and will be   
the country road of the future2 yet it  
is also true that the most of our       
highways are mere earth-roads1 and will 
probably remain such for many years1 and
 it is therefore desirable that they    
should be constructed as well as they   
can be made4 ,it is an admitted canon of
 the road-making art1 that a road ought 
to be so hard and smooth that wheels    
will roll easily over it and not sink   
into it1 so dry and compact that rain   
will not affect it beyond making it     
dirty1 and its component parts so firmly
 moulded together that the sun cannot   
convert them into deep dust4 ,therefore 
the travelled part of an earth-road     
should not be composed of loam fertile  
enough for a corn-field1 nor of sand    
deep enough for a beach4 ,if the road   
runs through sandy land1 it can be      
greatly and cheaply improved by covering
 it with a few inches of clayish soil2  
and if it runs through clayey land1 a   
similar application of sand will be     

beneficial4 ,a gravelly soil is usually 
the best material for an earth-road1 and
 when practicable every such road should
 be covered with a coating of it4 ,the  
larger gravel1 however1 should never be 
placed at the bottom and the smaller at 
the top1 as the frost and the vehicles  
will cause the large gravel to rise and 
the small to descend1 like the materials
 in a shaken sieve1 and the road will   
never become smooth and hard4           
,,chapter ,,iv4  ,,repairs4   ,after a  
road is located and constructed1 economy
 as well as public convenience demands  
that it be kept in good condition the   
year round4 ,if a road is allowed to go 
for several months at a time without    
repairs1 ruts and holes are likely to   
form on its surface1 and frequently the 
middle becomes lower than the sides4    
,then1 in order to put it in good       
condition again1 a great deal of work   
and expense are necessary1 whereas if   
every break is repaired immediately1    
much less labor and expense are required

 to keep up the road for the same length
 of time1 besides the increased         
advantage and convenience of a good road
 from day to day4  ,no doubt our roads  
could be kept in better condition than  
at present without any additional       
expense1 by the application of good     
sense and business principles in their  
management4 ,the present system in      
nearly all our country towns consists in
 dividing up the roads into districts1  
and appointing a highway surveyor for   
each district1 with a stated allowance  
of money to expend on repairs2 and      
sometimes the tax-payer residing in the 
district has a right to work out his    
road tax4 ,this surveyor is usually a   
farmer1 who is very busy during         
planting-time in the spring1 and during 
the haying and harvesting seasons2 and  
consequently he works upon the roads    
between the planting and the haying     
seasons1 or in the autumn after he has  
finished the fall work upon his farm4   
,it sometimes happens that he works out 

all the money allowed him in early      
summer1 and then nothing more is done   
for a year4  ,if a road is only to be   
repaired once a year1 the work ought to 
be done in the spring1 when the soil is 
moist and will pack together hard1 and  
not in the summer1 when it is dry and   
turns easily to dust1 nor in the late   
autumn1 when the fall rains make it     
muddy4 ,the surveyor generally makes the
 repairs by ploughing up the road-bed   
and smoothing it off a little1 or else  
by ploughing up the dust1 turf1 and     
stones alongside the road-bed1 and      
scraping the same upon it4 ,after this  
is done he goes about his farm work4    
,the stones in the road soon begin to   
work up to the surface1 and remain there
 like so many footballs for every horse 
to kick as he passes over them4 ,a      
horse-path naturally forms in the centre
 of the road1 and wheel-ruts upon either
 side1 which make excellent channels for
 the water to run in during every       
rain-storm4 ,at first the water finds   

its way over the water-bars in small    
quantities2 but the channels increase in
 depth with every shower1 and soon      
during every hard rain there are from   
one to three streams of water running   
over the road-bed from the top to the   
bottom of nearly every hill1 and as a   
consequence the road is washed all to   
pieces4 ,the road then generally remains
 in this condition until the next fall1 
and sometimes until the next spring4    
,when a road is repaired in this way1 it
 follows as a matter of course that it  
is in a bad condition all the year      
round4 ,just after repairs the road is  
wretched1 for it is then in better      
condition to be planted than to be      
travelled over2 when trodden down a     
little1 the wash of the rains and the   
loose stones make it bad again2 it then 
grows worse and worse until another     
general repair makes it wretched again1 
and so on ad infinitum4 ,the only way to
 remedy this state of affairs is to     
change the system4  ,there should be    

only one highway surveyor for the whole 
town1 with authority to supply such men 
and teams as may be necessary to keep   
the roads in a good state of repair4    
,let them not only work in the early    
summer and fall1 but at all times when  
there is anything which needs to be done
 to the roads4 ,a few shovels of dirt   
and a little labor in the nick of time  
will do more towards keeping a road in  
good condition than whole days of       
ploughing and scraping once or twice a  
year only4 ,every good housewife knows  
that there is a world of truth in the   
old maxim1 ,a stitch in time saves nine4
 ,the managers of all our well-conducted
 railroads understand this4 ,they have a
 gang of men pass often over each       
section of the roads4  ,what would be   
said of a mill-owner who should let his 
milldam wash away once or twice each    
year1 and then rebuild it instead of    
keeping it in constant repair8 ,the     
proprietors of the great turnpike road  
from ,sacramento to ,virginia ,city in  

,california1 which runs mainly over     
mountains a distance of one hundred and 
fifty miles1 and has an annual traffic  
of seven or eight thousand heavy teams1 
have found by careful experiment that   
the cheapest way to keep that great road
 in good condition is to have every     
portion of it looked after every day1   
and during dry weather every rod of it  
is sprinkled with water4 ,this          
continual-repair system was adopted in  
,baden1 ,germany1 #ahde4 ,it was soon   
found that it was less expensive and    
more satisfactory than the old system of
 annual repairs4 ,other ,european       
countries soon found it to their        
advantage to follow ,baden's example in 
this respect2 and now the new system is 
in universal use in all the civilized   
nations of ,europe4 ,as a consequence   
the roads in those countries as a       
general thing are in splendid condition 
throughout the year4 ,they are on an    
even grade1 and as smooth as a          
racing-track in this country4 ,the      

poorest roads in ,france1 ,germany1     
,switzerland1 or ,great ,britain are as 
good as the best of our own4 ,they are  
nearly all macadamized1 and are kept in 
continuous repair by laborers and       
competent engineers and surveyors1 who  
give their sole labor and attention to  
the roads as a business throughout the  
year4  ,but it is not necessary to go to
 ,europe to prove the superiority of the
 new system over the old4 ,many towns in
 this country1 especially those situated
 in the vicinity of the large cities1   
have adopted the new system1 and find by
 experiment that it is better than the  
old4 ,an intelligent citizen and town   
official of ,chelmsford1 ,mass41 ,mr4   
,henry ,s4 ,perham1 thus describes the  
operation of the old and the new system 
in that town3 ,until #ahgg the old      
highway district system1 common in the  
,new ,england country towns1 was in     
vogue here4 ,eleven highway surveyors   
were chosen annually in town-meeting1   
who had charge of the roads in their    

respective districts2 and although the  
town appropriated money liberally for   
highway repairs1 the roads seemed to be 
continually growing worse1 owing to the 
superficial manner in which the repairs 
were made4 ,in #ahgg the town adopted an
 entirely different plan for doing the  
work4 ,the plan was to choose one       
surveyor for the whole town1 who was to 
have charge of all the roads1 and the   
town to purchase suitable teams and     
implements to be kept at the town farm4 
,this is now the ninth year in which    
this system has been in practice1 and   
the result of the change has been most  
satisfactory4 ,the advantages are that  
the surveyor is chosen for his especial 
fitness for the work4 ,the men under him
 are mostly employed by the month and   
boarded at the town farm1 where the     
teams are also kept4 ,a force now       
costing the town ten dollars per day    
will accomplish more and better work in 
one week than would be ordinarily       
accomplished by a surveyor under the old

 system in a season4 ,and the reason is 
obvious4 ,the men and teams are         
accustomed to the work2 the best        
implements and machinery are employed1  
road-scrapers doing the work where the  
nature of the soil will permit2 and what
 is still more important1 the work is   
directed by the surveyor to the best    
advantage4 ,in the winter season the    
teams break out the roads after heavy   
snows1 and in fair weather cart gravel  
on to the roads as in summer4 ,and      
although we have an extraordinary length
 of road to support1--namely1 two       
hundred and seventy-five miles1 being   
more by twenty-five miles than any other
 town in the ,state1--there has been a  
marked and continual improvement in     
their condition4  ,when this plan was   
first presented to the attention of the 
town1 it met with sharp opposition1 and 
passed by only a small majority2 but the
 favor with which it is now regarded may
 be judged by the fact that since its   
adoption it has met with almost         

universal approval1 and we should now as
 soon think of going back to the        
school-district system or to support the
 churches by taxation as of returning to
 the old method of repairing our roads4 
,this method is undoubtedly better than 
the old district system2 but the system 
of the future will not include a        
road-scraper except for the building of 
new roads4 ,any system is radically     
defective which scrapes the dust and    
worn-out soil of the gutters or the turf
 and loam of the roadside upon the      
road-bed4 ,perhaps this kind of         
repairing is better than none in many   
localities2 but as civilization advances
 and the true principles of road-making 
become better known1 after the          
foundation of a road-bed has been       
properly established1 nothing but good  
road material will ever be put upon it1 
and this will be put there from time to 
time as needed to keep up a continual   
good condition of the road4             
,,chapter ,v4  ,,laws ,,relating ,,to   

,,the ,,laying ,,out ,,of ,,ways4   ,new
 roads are not often required now to    
reach and develop new tracts of land1   
except in large towns and cities2 but   
they are frequently needed to shorten   
distances and to improve grades4        
,consequently the laws relative to the  
laying out1 maintenance1 and use of     
highways are of personal interest to    
every citizen1 and many are also        
interested in the laws relating to      
private ways4  ,the public have a right 
to lay out ways for purposes of         
business1 amusement1 or recreation1 as  
to markets1 to public parks or commons1 
to places of historic interest or       
beautiful natural scenery4#a ,and such  
ways may be established by prescription1
 by dedication1 or by the acts of the   
proper public authorities4 ,twenty      
years' uninterrupted use by the public  
will make a prescriptive highway4 ,many 
of the old roads in our towns and cities
 have become public thoroughfares by    
prescriptive use1 which began in        

colonial days1 and perhaps then followed
 ,indian trails1 or were first used as  
bridle-paths4        #a #aa ,allen1     
#ecj4  ,when the owner in fee of land   
gives to the public a right of passage  
and repassage over it1 and his gift is  
accepted by the public1 the land thus   
travelled over becomes a way by         
dedication4 ,the dedication may be made 
by the writing1 the declaration1 or by  
the acts of the owner4 ,it must1        
however1 clearly appear that he intended
 and has made the dedication2 and when  
it has been accepted by the public it is
 irrevocable4 ,formerly it could be     
accepted by the public by use1 or by    
some act or circumstance showing the    
town's assent and acquiescence in such  
dedication2 but now no city or town is  
chargeable for such dedicated way until 
it has been laid out and established in 
the manner provided by the statutes4#b  
,it was formerly thought that this act  
applied to prescriptive ways as well as 
to dedicated ways2 but it is now settled

 that it applies only to ways by        
dedication1 and ways by prescription are
 not affected by it4#c        #b ,pub4  
,st4 c4 #di1  #id4        #c #abh ,mass4
 #fc4  ,the proper town or city         
authorities have jurisdiction to lay out
 or alter ways within the limits of     
their respective cities or towns1 and to
 order specific repairs thereon4 ,the   
county commissioners have also          
jurisdiction to lay out public ways1 the
 termini of which are exclusively within
 the same town2 and they are also       
clothed with authority to lay them out  
from town to town4 ,hence roads may be  
either town ways or public highways4    
,when the proceedings for their location
 originate with the town or city        
officials1 they are town ways2 and when 
the proceedings originate with the      
county commissioners1 they are public   
highways4#d ,suppose a new road is      
wanted1 or an alteration in an old one  
is desired1 within the limits of a town1
 a petition therefor may be presented   

either to the town authorities or to the
 county commissioners4 ,if the proposed 
road is not situated entirely within the
 limits of one town or city1 then the   
commissioners alone have jurisdiction in
 the premises4 ,when the selectmen or   
road commissioners of a town decide to  
lay out a new road1 or to alter an old  
one1 their doings must be reported and  
allowed at some public meeting of the   
inhabitants regularly warned and        
notified therefor2 but while the        
inhabitants are vested with the right of
 approval1 they have no right to vote   
that the selectmen or road commissioners
 shall lay out a particular way1 as it  
is the intention of the statute that    
these officials shall exercise their own
 discretion upon the subject4#e ,if the 
town authorities unreasonably refuse or 
neglect to lay out a way1 or if the town
 unreasonably refuses or delays to      
approve and allow such way as laid out  
or altered by its officials1 then the   
parties aggrieved thereby may1 at any   

time within one year1 apply to the      
county commissioners1 who have authority
 to cause such way to be laid out or    
altered4 ,but when a petition for a     
public way is presented in the first    
instance to the county commissioners1 or
 when the matter is brought before them 
by way of appeal1 their decision on the 
question of the public necessity and    
convenience of such way is final1 and   
from it there is no appeal4 ,if damage  
is sustained by any person in his       
property by the laying out1 alteration1 
or discontinuance of a public way1 he is
 entitled to receive just and adequate  
damages therefor1 to be assessed1 in the
 first place1 by the town or city       
authorities or by the county            
commissioners1 and1 finally1 by a jury1 
in case one is demanded by him4 ,he is  
entitled to a reasonable time to take   
off any timber1 wood or trees1 which may
 be upon the land to be taken2 but if he
 does not remove the same within the    
time allowed1 he is deemed to have      

relinquished his right thereto4 ,in     
estimating the damage to the land-owner 
caused by the laying out or the         
alteration of a public way over his     
land1 neither the city nor town         
authorities nor a jury are confined to  
the value of the land taken4 ,he is also
 entitled to the amount of the damage   
done to his remaining land by such      
laying out or alteration4#f ,but in such
 estimation of damages any direct or    
peculiar benefit or increase of value   
accruing to his adjoining land is to be 
allowed as a betterment1 by way of      
set-off2 but not any general benefit or 
increase of value received by him in    
common with other land in the           
neighborhood4#g        #d #g ,cush4     
#cid4        #e #e ,pick4 #dib4         
#f #ad ,gray1 #bad4        #g #d ,cush4 
#bia4  ,the cost of making and altering 
ways1 including damages caused thereby1 
is to be paid by the city or town       
wherein the same are located1 provided  
the proceedings originate with the town 

or city authorities2 but when the       
proceedings originate with the county   
commissioners1 they divide the cost     
between the towns and the county in such
 manner as they think to be just and    
reasonable4#h        #h #f ,met4 #cbi4  
,,chapter ,,vi4  ,,law ,,as ,,to        
,,repairs4   ,after highways1 town-ways1
 streets1 causeways1 and bridges have   
been established1 they are to be kept in
 such repair as to be reasonably safe   
and convenient for travellers at all    
seasons of the year at the expense of   
the town or city in which they are      
situated4  ,it is the duty of each town 
to grant and vote such sums of money as 
are necessary for repairing the public  
ways within its borders2 and if it fails
 to do so1 the highway surveyors1 in    
their respective districts1 may employ  
persons1 as directed in the statutes1 to
 repair the roads1 and the persons so   
employed may collect pay for their labor
 of the town4 ,in order to make such    
repairs1 city and town authorities may  

select and lay out land within their    
respective limits as gravel and clay    
pits from which may be taken earth and  
gravel necessary for the construction   
and repairs of streets and ways4#i ,and 
they may turn the surface drainage of   
the roads upon the land of the adjoining
 owners without liability4#aj ,but no   
highway surveyor has a right1 without   
the written approbation of the          
selectmen1 to cause a watercourse1      
occasioned by the wash of the road1 to  
be so conveyed by the roadside as to    
incommode a house1 a store1 shop1 or    
other building1 or to obstruct a person 
in the prosecution of his business4#aa  
,properly authorized city or town       
officers may trim or lop off trees and  
bushes standing in the public ways1 or  
cut down and remove such trees2 and may 
cause to be dug up and removed whatever 
obstructs such ways1 or endangers1      
hinders1 or incommodes persons          
travelling therein4#ab ,even the        
boundaries of public ways are so well   

guarded that when they are ascertainable
 no length of time less than forty years
 justifies the continuance of a fence or
 building within their limits2 but the  
same may1 upon the presentment of a     
grand jury1 be removed as a nuisance4#ac
        #i ,pub4 ,st4 c4 #di1  #ii4     
#aj #ac ,gray1 #fja4        #aa ,pub4   
,st4 c4 #eb1  #ab4        #ab ,st4      
#ahhe1 c4 #abc4        #ac ,pub4 ,st4 c4
 #ed4  ,it is so important that the     
public ways be kept free for travel1    
that any person may take down and remove
 gates1 rails1 bars1 or fences upon or  
across highways1 unless the same have   
been there placed for the purpose of    
preventing the spreading of a disease   
dangerous to the public health1 or have 
been erected or continued by the license
 of the selectmen or county             
commissioners4#ad ,a highway surveyor   
acting within the scope of his authority
 may dig up and remove the soil within  
the limits of the public ways for the   
purpose of repairing the same1 and may  

carry it from one part of the town to   
another2#ae and he has a right to       
deposit the soil thus removed on his own
 land1 if that is the best way of       
clearing the road of useless            
material4#af        #ad ,pub4 ,st4 c4   
#ed4        #ae #abe ,mass4 #baf4       
#af #abh ,mass4 #edf4  ,though the law  
is imperative that the roads must be    
kept in good condition1 and to this end 
gives municipal corporations great      
powers1 yet let no one who is not a     
highway surveyor or in his employ       
imagine that he can repair a road not on
 his own land with impunity2 for it has 
been decided that if an unauthorized    
person digs up the soil on the roadside 
by another person's land for the purpose
 of repairing the road1 he is a         
trespasser and liable for damages1      
although he does only what a highway    
surveyor might properly do4#ag ,it is   
also the duty of cities and towns to    
guard with sufficient and suitable      
railings every road which passes over a 

bank1 bridge1 or along a precipice1     
excavation1 or deep water2 and it makes 
no difference whether these dangerous   
places are within or without the limits 
of the road1 if they are so imminent to 
the line of public travel as to expose  
travellers to unusual hazard4#ah ,but   
towns are not obliged to put up railings
 merely to prevent travellers from      
straying out of the highway1 where there
 is no unsafe place immediately         
contiguous to the way4#ai        #ag #h 
,allen1 #dgc4        #ah #ac ,allen1    
#dbi4        #ai #abb ,mass4 #chi4  ,the
 roads are for the use of travellers1   
and a city or town is not bound to keep 
up railings strong enough for idlers to 
lounge against or children to play      
upon4#bj        #bj #c ,allen1 #cgd2 #h 
,allen1 #bcg4  ,the travelled parts of  
all roads ought to be wide enough to    
allow of the ordinary shyings and       
frights of horses with safety1 for      
shying is one of the natural habits of  
the animal2#ba although it seems that   

switching his tail over the reins is not
 a natural habit of the animal1 as it   
has been decided that if a horse throws 
his tail over the reins and thereby a   
defect in the road is run against1 no   
damages can be recovered4#bb        #ba 
#ajj ,mass4 #di4        #bb #ih ,mass4  
#egh4     ,,chapter ,,vii4              
,,guide-,,posts1 ,,drinking-,,troughs1  
,,and ,,fountains4   ,the statutes      
undertake to provide for the erection   
and maintenance of guide-posts at       
suitable places on the public ways2 but 
a person has to travel but little in    
many of the towns of the ,state to come 
to the conclusion that the law is either
 deficient in construction or a dead    
letter in execution4 ,the law makes it  
incumbent upon the selectmen or road    
commissioners of each town to submit to 
the inhabitants1 at every annual        
meeting1 a report of all the places in  
which guide-posts are erected and       
maintained within the town1 and of all  
places at which1 in their opinion1 they 

ought to be erected and maintained4 ,for
 each neglect or refusal to make such   
report they shall severally forfeit ten 
dollars4 ,after the report is made the  
town shall determine the several places 
at which guide-posts shall be erected   
and maintained1 which shall be recorded 
in the town records4 ,a town which      
neglects or refuses to determine such   
places1 and to cause a record thereof to
 be made1 shall forfeit five dollars for
 every month during which it neglects or
 refuses to do so4  ,at each of the     
places determined by the town there     
shall be erected1 unless the town at the
 annual meeting agrees upon some        
suitable substitute therefor1 a         
substantial post of not less than eight 
feet in height1 near the upper end of   
which shall be placed a board or boards1
 with plain inscription thereon1        
directing travellers to the next town or
 towns and informing them of the        
distance thereto4  ,every town which    
neglects or refuses to erect and        

maintain such guide-posts1 or some      
suitable substitutes therefor1 shall    
forfeit annually five dollars for every 
guide-post which it neglects or refuses 
to maintain4#bc ,these forfeitures can  
be recovered either by indictment or by 
an action of tort for the benefit of the
 county wherein the acts of negligence  
or refusal occur2 and any interested or 
public-spirited person can make         
complaint of such negligence or refusal 
to the superior court1 or to any trial  
justice1 police1 district or municipal  
court1 having jurisdiction of the       
matter4#bd        #bc ,pub4 ,st4 c4 #ec1
  #a-e4        #bd ,pub4 ,st4 c4 #bag2  
#ajh ,mass4 #adj4  ,the selectmen may   
establish and maintain such             
drinking-troughs1 wells1 and fountains  
within the public highways1 squares1 and
 commons of their respective towns1 as  
in their judgment the public necessity  
and convenience may require1 and the    
towns may vote money to defray the      
expenses thereof4#be ,but the vote of a 

town instructing the selectmen to       
establish a watering-trough at a        
particular place would be irregular and 
void1 because towns in their corporate  
capacity have not been given the right  
by statute to construct drinking-troughs
 in the public highways4 ,and towns     
would not be liable for the acts of the 
selectmen performed in pursuance of this
 statute1 because the law makes the     
selectmen a board of public officers1   
representing the general public1 and not
 the agents of their respective towns4  
,however1 if the inhabitants of a town  
should construct a drinking trough or   
fountain of such hideous shape1 and     
paint it with such brilliant color1 that
 it would frighten an ordinarily gentle 
and well-broken horse1 by reason of     
which a traveller should be brought in  
contact with a defect in the way or on  
the side of the way1 and thus injured1  
the town might be held liable to pay    
damages4#bf        #be ,pub4 ,st4 c4    
#bg1  #ej4        #bf #abe ,mass4 #ebf4 

,it is my purpose to state what the law 
is1 and not what it ought to be2 but ,i 
will venture the suggestion that it     
would not be an unreasonable hardship on
 towns to require them to establish and 
maintain suitable watering-troughs at   
suitable places1 and it would be a      
merciful kindness to many horses which  
now frequently have to travel long      
distances over dusty roads in summer    
heat without a chance to get a swallow  
of water from a public drinking-trough4 
,,chapter ,,viii4  ,,shade ,,trees1     
,,parks1 ,,and ,,commons4   ,the law of 
the ,commonwealth not only requires the 
public ways to be kept safe and         
convenient1 but of late years statutes  
have been passed allowing owners of     
land1 improvement societies1 cities and 
towns1 to do something to beautify the  
roadsides and public squares of any city
 or town4 ,a city or town may grant or  
vote a sum not exceeding fifty cents for
 each of its ratable polls in the       
preceding year1 to be expended in       

planting1 or encouraging the planting by
 the owners of adjoining real estate1 of
 shade trees upon the public squares or 
highways4#bg ,such trees may be planted 
wherever it will not interfere with the 
public travel or with private rights1   
and they shall be deemed and taken to be
 the private property of the person so  
planting them or upon whose premises    
they stand4#bh        #bg ,st4 #ahhe1 c4
 #abc4        #bh ,pub4 ,st4 c4 #ed1    
#f4  ,improvement societies1 properly   
organized for the purpose of improving  
and ornamenting the streets and public  
squares of any city or town by planting 
and cultivating ornamental trees        
therein1 may be authorized by any town  
to use1 take care of1 and control the   
public grounds or open spaces in any of 
its public ways1 not needed for public  
travel4 ,they may grade1 drain1 curb1   
set out shade or ornamental trees1 lay  
out flower plots1 and otherwise improve 
the same2 and may protect their work by 
suitable fences or railings1 subject to 

such directions as may be given by the  
selectmen or road commissioners4 ,and   
any person who wantonly1 maliciously1 or
 mischievously drives cattle1 horses1 or
 other animals1 or drives teams1        
carriages1 or other vehicles1 on or     
across such grounds or open spaces1 or  
removes or destroys any fence or railing
 on the same1 or plays ball or other    
games thereon1 or otherwise interferes  
with or damages the work of such        
corporation1 is subject to a fine not   
exceeding twenty dollars for each       
offence1 for the benefit of the         
society4#bi        #bi ,st4 #ahhe1 c4   
#aeg4  ,it is also a legal offence for  
any one wantonly to injure or deface a  
shade tree1 shrub1 rose1 or other plant 
or fixture of ornament or utility in a  
street1 road1 square1 court1 park1 or   
public garden1 or carelessly to suffer a
 horse or other beast driven by or for  
him1 or a beast belonging to him and    
lawfully on the highway1 to break down  
or injure a tree1 not his own1 standing 

for use or ornament on said highway4#cj 
,and no one1 even if he be the owner of 
the land1 has the right to cut down or  
remove an ornamental or shade tree      
standing in a public way1 without first 
giving notice of his intention to the   
municipal authorities1 who are entitled 
to ten days to decide whether the tree  
can be removed or not4 ,and whoever cuts
 down or removes or injures such tree in
 violation of the law shall forfeit not 
less than five nor more than one hundred
 dollars for the benefit of the city or 
town wherein the same stands4#ca        
#cj ,pub4 ,st4 c4 #ed1  #g1 #h4         
#ca ,pub4 ,st4 c4 #ed1  #aj1 #aa4       
,,chapter ,,ix4  ,,public ,,use ,,of    
,,highways4   ,after the roads are ready
 for use and beautified by shade trees  
and green parks at convenient places1 we
 are confronted with the question1 ,how 
are they to be used by the public and   
the owners of adjoining estates8 ,we1 as
 a people1 are not only continental and 
terrestrial travellers1 but we are      

continually passing hither and thither  
over the public ways of this ,state1 and
 consequently it is important for us to 
know how to travel the common roads in a
 legal and proper manner4  ,in the first
 place1 every one who travels upon a    
public thoroughfare is bound to drive   
with due care and discretion1 and to    
have an ordinarily gentle and well      
trained horse1 with harness and vehicle 
in good roadworthy condition1 as he is  
liable for whatever damages may be      
occasioned by any insufficiency in this 
respect4#cb        #cb #d ,gray1 #agh4  
,another duty which every traveller is  
bound to observe is to drive at a       
moderate rate of speed4 ,to drive a     
carriage or other vehicle on a public   
way at such a rate or in such a manner  
as to endanger the safety of other      
travellers1 or the inhabitants along the
 road1 is an indictable offence at      
common law1 and amounts to a breach of  
the peace2 and in case any one is       
injured or damaged thereby1 he may look 

to the fast driver for his recompense4  
,but it does not follow that a man may  
not drive a well-bred and high-spirited 
horse at a rapid gait1 if he does not   
thereby violate any ordinance or by-law 
of a town or city2 for it has been held 
that it cannot be said1 as matter of    
law1 that a man is negligent who drives 
a high-spirited and lively-stepping     
horse at the rate of ten miles an hour  
in a dark night4#cc        #cc #h       
,allen1 #ebb4  ,it then behooves every  
one to drive with care and caution1     
whether he is going fast or slow2 and it
 also behooves him to see that his      
servants drive with equal care and      
caution1 for he is responsible to third 
persons for the negligence of his       
servants1 in the scope of their         
employment1 to the same extent as if the
 act were his own1 although the servants
 disobey his express orders4 ,if you    
send your servant upon the road with a  
team1 with instructions to drive        
carefully and to avoid coming in contact

 with any carriage1 but instead of      
driving carefully he drives carelessly  
against a carriage1 you are liable for  
all damages resulting from the          
collision2 and if the servant acts      
wantonly or mischievously1 causing      
thereby additional bodily or mental     
injury1 such wantonness or mischief will
 enhance the damage against you4#cd     
#cd #c ,cush4 #cjj2 #aad ,mass4 #eah4   
,you may think this a hard law2 but it  
is not so hard as it would be if it     
allowed you to hire ignorant1 wilful1   
and incompetent servants to go upon the 
road and injure the lives and property  
of innocent people without redress save 
against the servants1 who perchance     
might be financially irresponsible4 ,it 
should however be stated in this        
connection that if your team should get 
away from you or your servant1 without  
any fault on your or his part1 and      
should run away and do great damage1 by 
colliding with other teams1 or by       
running over people on foot1 you would  

not be held responsible1 as in law it   
would be regarded as an inevitable      
accident4 ,thus1 if your horse should   
get scared by some sudden noise or      
frightful object by the wayside1 or     
through his natural viciousness of which
 you were ignorant1 or by some means    
should get unhitched after you had left 
him securely tied1 and in consequence   
thereof should plunge the shaft of your 
wagon into some other man's horse1 or   
should knock down and injure a dozen    
people1 you would not be liable1 because
 the injury resulted from circumstances 
over which you had no control4#ce       
#ce #a ,addison on ,torts1 #dff4        
,,chapter ,x4  ,,the ,,law ,,of ,,the   
,,road4   ,there are certain rules      
applicable to travellers upon public    
ways1 which are so important that       
everybody ought to know and observe     
them4 ,the law relative thereto is known
 as the law of the road4 ,these rules   
relate to the meeting1 passing1 and     
conduct of teams on the road2 and it is 

more important that there should be some
 well established and understood rules  
on the subject than what the rules are4 
,in ,england the rules are somewhat     
different1 and some of them are the     
reverse of what they are in this        
country4 ,but the rules and the law     
relating thereto in this country are    
about the same in every ,state of the   
,union4 ,our statutes provide that when 
persons meet each other on a bridge or  
road1 travelling with carriages or other
 vehicles1 each person shall seasonably 
drive his carriage or other vehicle to  
the right of the middle of the travelled
 part of such bridge or road1 so that   
their respective carriages or other     
vehicles may pass each other without    
interference2 that one party passing    
another going in the same direction must
 do so on the left-hand side of the     
middle of the road1 and if there is room
 enough1 the foremost driver must not   
wilfully obstruct the road4#cf          
#cf ,pub4 ,st4 c4 #ic4  ,although these 

are statutory rules1 yet they are not   
inflexible in every instance1 as on     
proper occasions they may be waived or  
reversed4 ,they are intended for the use
 of an intelligent and civilized people2
 and in the crowded streets of villages 
and cities1 situations or circumstances 
may frequently arise when a deviation   
will not only be justifiable but        
absolutely necessary4 ,one may always   
pass on the left side of a road1 or     
across it1 for the purpose of stopping  
on that side1 if he can do so without   
interrupting or obstructing a person    
lawfully passing on the other side4#cg  
,and if the driver of a carriage on the 
proper side of the road sees a horse    
coming furiously on the wrong side of   
the road1 it is his duty to give way and
 go upon the wrong side of the road1 if 
by so doing he can avoid an accident4#ch
 ,but in deviating from the law of the  
road1 one must be able to show that it  
was the proper and reasonable thing to  
do under the circumstances1 or else he  

will be answerable for all damages2 for 
the law presumes that a party who is    
violating an established rule of        
travelling is a wrongdoer4#ci ,of course
 a person on the right side of the road 
has no right to run purposely or        
recklessly into a trespasser1 simply    
because he has wrongfully given him the 
opportunity to receive an injury1 and   
then turn round and sue for damages     
arising from his own foolhardiness and  
devil-may-care conduct4#dj        #cg   
,angell on ,highways1  #ccf4        #ch 
,shear4  ,red4 on ,negligence1  #cji4   
#ci #aba ,mass4 #baf4        #dj #ab    
,met4 #dae4  ,every one seeking redress 
at law on account of an accident must be
 able to show that he himself was at the
 time in the exercise of ordinary care  
and precaution1 and it is not enough for
 him to show that somebody else was     
violating a rule of law4 ,when the road 
is unoccupied a traveller is at liberty 
to take whichever side of the road best 
suits his convenience1 as he is only    

required seasonably to drive to the     
right when he meets another traveller2  
but if parties meet on the sudden1 and  
an injury results1 the party on the     
wrong side of the road is responsible1  
unless it clearly appears that the party
 on the proper side has ample means and 
opportunity to prevent it4#da        #da
 #aj ,cush4 #die2 #c ,carr4  ,payne1    
#eed2 ,angell on ,carriers1        #eee4
  ,where there is occasion for one      
driver to pass another going in the same
 direction1 the foremost driver may keep
 the even tenor of his way in the middle
 or on either side of the road1 provided
 there is sufficient room for the rear  
driver to pass by2 but if there is not  
sufficient room1 it is the duty of the  
foremost driver to afford it1 by        
yielding an equal share of the road1 if 
that be practicable2 but if not1 then   
the object must be deferred till the    
parties arrive at ground more favorable 
to its accomplishment4 ,if the leading  
traveller then wilfully refuses to      

comply1 he makes himself liable1        
criminally1 to the penalty imposed by   
the statute1 and answerable at law in   
case the rear traveller suffers damage  
in consequence of the delay4 ,there     
being no statute regulations as to the  
manner in which persons should drive    
when they meet at the junction of two   
streets1 the rule of the common law     
applies1 and each person is bound to use
 due and reasonable care1 adapted to the
 circumstances and place4#db        #db 
#ab ,allen1 #hd4  ,by the travelled part
 of the road is intended that part which
 is usually wrought for travelling1 and 
not any track which may happen to be    
made in the road by the passing of      
vehicles2 but when the wrought part of  
the road is hidden by the snow1 and a   
path is beaten and travelled on the side
 of the wrought part1 persons meeting on
 such beaten and travelled path are     
required to drive their vehicles to the 
right of the middle of such path4#dc    
,many drivers of heavily loaded vehicles

 seem to think that all lightly loaded  
ones should turn out and give them all  
the travelled part of the road4 ,no     
doubt a lightly loaded vehicle can often
 turn out with less inconvenience than a
 heavily loaded one1 and generally every
 thoughtful and considerate driver of a 
light vehicle is willing to1 and does1  
give the heavy vehicle more than half   
the road on every proper occasion2 but  
the driver of the heavy vehicle ought to
 understand that it is done out of      
courtesy to himself and consideration   
for his horses1 and not because it is   
required by any rule of law4 ,the       
statute law of the road in this ,state  
makes no distinction between the lightly
 and the heavily loaded vehicle4 ,both  
alike are required to pass to the right 
of the travelled part of the road4 ,in  
case of accident the court would        
undoubtedly take into consideration the 
size and load of each vehicle1 as       
bearing upon the question of the conduct
 of the drivers under the circumstances1

 and their responsibility would be      
settled in accordance with the law of   
the road1 modified and possibly reversed
 by the situation of the parties and the
 circumstances surrounding them at the  
time4#dd        #dc #d ,pick4 #abe2 #h  
,met4 #bac4        #dd #aaa ,mass4 #cfj4
  ,a traveller in a common carriage may 
use the track of a street railway when  
the same is not in use by the company2  
but the company is entitled to the      
unrestricted use of their rails upon all
 proper occasions1 and then such        
traveller must keep off their track1 or 
else he renders himself liable to       
indictment under the statutes of the    
,state4#de        #de ,pub4 ,st4 c4     
#aac1  #cg2 #g ,allen1 #egc4            
,,chapter ,,xi4  ,,equestrians ,,and    
,,pedestrians4   ,in ,england the law of
 the road applies as well to equestrians
 as to travellers by carriage1 and ,i   
can see no good reason why it should not
 do so here4 ,the statutes are silent on
 the subject1 and ,i cannot find that   

our ,supreme ,court has ever had        
occasion to pass upon the question2 but 
it has been decided in some of the      
,states that when a traveller on        
horseback meets another equestrian or a 
carriage1 he may exercise his own       
notions of prudence1 and turn either to 
the right or to the left at his         
option4#df ,by common consent and       
immemorial usage an equestrian is       
expected to yield the road1 or a good   
share of it1 to a wagon or other        
vehicle4 ,it has been decided in        
,pennsylvania that if he has a chance to
 turn out and refuses to do so1 and his 
steed or himself is injured by a        
collision1 he is remediless4#dg         
#df #bd ,wend4 #dfe4        #dg #bc     
,penn4 ,st4 #aif4  ,it is clear that the
 statute law of the road in this ,state 
is not applicable to people on          
horseback1 as it is expressly limited to
 carriages or other vehicles1 and       
therefore equestrians are amenable only 
to the common law of the land4 ,by this 

law they are required to ride on the    
public ways with due care and           
precaution1 and to exercise reasonably  
good judgment on every occasion1 under  
all the attendant circumstances4 ,when  
they meet wagons1 whether heavily loaded
 or not1 they ought to yield as much of 
the road as they can                    
conveniently1--certainly more than half1
 as they do not need that much of the   
road to pass conveniently1--but when    
they meet a vehicle in the form of a    
bicycle there seems to be no good reason
 why they should yield more than half   
the road4 ,for the convenience of       
themselves and the public at large1 on  
meeting vehicles or each other1 they    
ought to pass to the right1 as by       
adopting the statute law of the road in 
this respect order is promoted and      
confusion avoided4  ,a public           
thoroughfare is a way for               
foot-passengers as well as carriages1   
and a person has a right to walk on the 
carriage-way if he pleases2 but1 as     

,chief ,justice ,denman once remarked1  
he had better not1 especially at night1 
when carriages are passing along4#dh    
,however1 all persons have an undoubted 
right to walk on the beaten track of a  
road1 if it has no sidewalk1 even if    
infirm with age or disease1 and are     
entitled to the exercise of reasonable  
care on the part of persons driving     
vehicles along it4 ,if there is a       
sidewalk which is in bad condition1 or  
obstructed by merchandise or otherwise1 
then the foot-passenger has a right to  
walk on the road if he pleases4 ,but it 
should be borne in mind that what is    
proper on a country road might not be in
 the crowded streets of a city4 ,in law 
every one is bound to regulate his      
conduct to meet the situations in which 
he is placed1 and the circumstances     
around him at the time4 ,a person infirm
 with age or disease or afflicted with  
poor eyesight should always take        
extraordinary precaution in walking upon
 the road4#di ,thus1 a man who traverses

 a crowded thoroughfare with edged tools
 or bars of iron must take especial care
 that he does not cut or bruise others  
with the things he carries4 ,such a     
person would be bound to keep a better  
lookout than the man who merely carried 
an umbrella2 and the man who carried an 
umbrella would be bound to take more    
care when walking with it than a person 
who had nothing4#ej        #dh #e ,carr4
  ,payne1 #djg4        #di #a ,allen1   
#ahj4        #ej #a ,addison on ,torts1 
#dhj4  ,footmen have a right to cross a 
highway on every proper occasion1 but   
when convenient they should pass upon   
cross-walks1 and in so doing should look
 out for teams2 for it is as much their 
duty1 on crossing a road1 to look out   
for teams1 as it is the duty of the     
drivers of teams to be vigilant in not  
running over them4 ,the law of the road 
as to the meeting of vehicles does not  
apply to them4 ,they may walk upon      
whichever side they please1 and turn1   
upon meeting teams1 either to the right 

or to the left1 at their option1 but it 
is their duty to yield the road to such 
an extent as is necessary and           
reasonable2 and if they walk in the     
beaten track or cross it when teams are 
passing along1 they must use            
extraordinary care and caution or they  
will be remediless in case of injury to 
themselves4 ,they may travel on the     
,lord's day for all purposes of         
necessity or charity2 and they may also 
take short walks in the public highway  
on ,sundays1 simply for exercise and to 
take the air1 and even to call to see   
friends on such walks1 without liability
 to punishment therefor under the       
statutes for the observance of the      
,lord's day1 and they can recover       
damages for injuries wrongfully         
sustained while so walking4#ea          
#ea #ad ,allen1 #dge2 ,barker v4        
,worcester1 #aci ,mass4 #gd4            
,,chapter ,,xii4  ,,omnibuses1 ,,stages1
 ,,and ,,horse-,,cars4   ,nearly every  
one has occasion1 more or less often1 to

 travel over the public ways in the     
coaches of passenger carriers4 ,whoever 
undertakes to carry passengers and their
 baggage for hire from place to place is
 bound to use the utmost care and       
diligence in providing safe and suitable
 coaches1 harnesses1 horses1 and        
coachmen1 in order to prevent such      
injuries as human care and foresight can
 guard against4  ,if an accident happens
 from a defect in the coach or harness  
which might have been discovered and    
remedied upon careful and thorough      
examination1 such accident must be      
ascribed to negligence1 for which the   
owner is liable in case of injury to a  
passenger happening by reason of such   
accident4  ,on the other hand1 where the
 accident arises from a hidden and      
internal defect1 which careful and      
thorough examination would not disclose1
 and which could not be guarded against 
by the exercise of sound judgment and   
the most vigilant oversight1 then the   
proprietor is not liable for the injury1

 but the misfortune must be borne by the
 sufferer as one of that class of       
injuries for which the law can afford no
 redress in the form of a pecuniary     
recompense4  ,if a passenger1 in peril  
arising from an accident for which the  
proprietors are responsible1 is in so   
dangerous a situation as to render his  
leaping from the coach an act of        
reasonable precaution1 and he leaps     
therefrom and breaks a limb1 the        
proprietors are answerable to him in    
damages1 though he might safely have    
retained his seat4#eb        #eb #i     
,met4 #a4  ,when the proprietors of     
stages or street-car coaches1 which are 
already full and overloaded1 stop their 
coaches1 whether at the signal or not of
 would-be passengers1 and open the doors
 for their entrance1 they must be       
considered as inviting them to ride1 and
 thereby assuring them that their       
passage will be a safe one1 at least so 
far as dependent upon the exercise of   
reasonable and ordinary care1 diligence1

 and skill1 on their part1 in driving   
and managing their horses and coaches2  
and1 in fact1 they are rather to be held
 responsible for such increased         
watchfulness and solicitous care1 skill1
 and attention1 as the crowded condition
 of the vehicle requires4 ,if1 under    
such circumstances1 a passenger is      
thrown out of or off the coach by its   
violent jerk at starting or stopping1 or
 in any other way through the negligence
 of the proprietors or their agents1 he 
may hold them liable for his            
injuries4#ec ,a passenger must pay his  
fare in advance1 if demanded1 otherwise 
he may have to pay a fine for evading   
fare2 and if he is riding free1 the     
proprietors are not responsible1 except 
for gross negligence2 and he must also  
properly and securely pack his baggage1 
if he expects to recover damages in case
 of loss4 ,a mail-coach is protected by 
act of ,congress from obstructions1 but 
is subject in all other respects to the 
law of the road4#ed        #ec #ajc     

,mass4 #cia4        #ed #a ,watts1 ,pa4 
#cfj4  ,if the proprietors of coaches   
used for the common carriage of persons 
are guilty of gross carelessness or     
neglect in the conduct and management of
 the same while in such use1 they are   
liable to a fine not exceeding five     
thousand dollars1 or to imprisonment not
 exceeding three years4#ee ,and if a    
driver of a stage-coach or other vehicle
 for the conveyance of passengers for   
hire1 when a passenger is within or upon
 such coach or vehicle1 leaves the      
horses thereof without some suitable    
person to take the charge and guidance  
of them1 or without fastening them in a 
safe and prudent manner1 he may be      
imprisoned two months or fined fifty    
dollars4#ef        #ee ,pub4 ,st4 c4    
#bjb1  #cd4        #ef ,pub4 ,st4 c4    
#bjb1  #ce4     ,,chapter ,,xiii4       
,,purposes ,,for ,,which ,,highways     
,,may ,,be ,,used4   ,as before         
intimated1 the public ways are mainly   
for the use of travellers2 but in the   

progress of civilization it has become  
convenient and necessary to use them for
 other purposes of a public nature4 ,it 
is the great merit of the common law1   
that while its fundamental principles   
remain fixed from generation to         
generation1 yet they are generally so   
comprehensive and so well adapted to new
 institutions and conditions of society1
 new modes of commerce1 new usages and  
practices1 that they are capable of     
application to every phase of society   
and business life4 ,time and necessity1 
as well as locality1 are important      
elements in determining the character of
 any particular use of a public way4    
,many public ways are now used for gas1 
water-pipes1 and sewers1 because the    
public health and convenience are       
subserved by such use4#eg ,they are also
 used for the transmission of           
intelligence by electricity1 and the    
post-boy and the mail-coach are         
disappearing4        #eg #ce ,n4,h4     
#beg4  ,the horse-railroad was deemed a 

new invention2 but it was held that a   
portion of the road might well be set   
aside for it1 although the rights of    
other travellers to some extent were    
limited by the privileges necessary for 
its use4#eh        #eh #acf ,mass4 #ge4 
,and now motor cars and elevated        
railroads are making their appearance in
 the centres of civilized life1 and the 
bicycle and tricycle are familiar       
objects on all the great thoroughfares4 
,should human ingenuity discover any new
 modes of conveying persons and property
 over the public ways1 or of            
transmitting intelligence along the     
same1 which should prove convenient to  
the everyday life of humanity1 no doubt 
the highway law will be found applicable
 to all the needs of advancing          
civilization4 ,the underlying principle 
of the law is that every person may use 
the highway to his own best advantage1  
but with a just regard to the like      
rights of others4 ,the law does not     
specify what kind of animals or vehicles

 are to be allowed upon the road1 but   
leaves every case to be decided as it   
shall arise1 in view of the customs and 
necessities of the people from time to  
time4 ,all persons may lawfully travel  
upon the public ways with any animal or 
vehicle which is suitable for a way     
prepared and intended to afford the     
usual and reasonable accommodations     
needful to the requirements of a people 
in their present state of civilization2 
but if any person undertakes to use or  
travel upon the highway in an unusual or
 extraordinary manner1 or with animals1 
vehicles1 or freight not suitable or    
adapted to a way opened and prepared for
 the public use1 in the common          
intercourse of society1 and in the      
transaction of usual and ordinary       
business1 he then takes every possible  
risk of loss and damage upon himself4#ei
        #ei #ad ,gray1 #bdb4  ,if a     
party leads a bull or other animal      
through a public way without properly   
guarding and restraining the same1 and  

for want of such care and restraint     
people rightfully on the way and using  
due care are injured1 the owner of the  
animal is responsible1 because under    
such circumstances he is bound to use   
the utmost care and diligence1          
especially in villages and cities1 to   
avoid injuries to people on the road4#fj
 ,so1 if a man goes upon the highway    
with a vehicle of such peculiar and     
unusual construction1 or which is       
operated in such a manner1 as to        
frighten horses and to create noise and 
confusion on the road1 he is guilty of  
an indictable offence and answerable in 
damages besides4 ,an ycleped velocipede 
in the road has been held in ,canada to 
be a nuisance1 and its owner was        
indicted and found guilty of a criminal 
offence4#fa ,in ,england a man who had  
taken a traction steam-engine upon the  
road was held liable to a party who had 
suffered damages by reason of his horses
 being frightened by it4#fb ,it has been
 held to be a nuisance at common law to 

carry an unreasonable weight on a       
highway with an unusual number of       
horses4#fc ,and so it is a nuisance for 
a large number of persons to assemble on
 or near a highway for the purpose of   
shouting and making a noise and         
disturbance2 and likewise it is a       
nuisance for one to make a large        
collection of tubs in the road1 or to   
blockade the way by a large number of   
logs1 cattle1 or wagons2 for1 as ,lord  
,ellenborough once said1 the king's     
highway is not to be used as a stable or
 lumber yard4        #fj #ajf ,mass4    
#bha2 #abf ,mass4 #ejf4        #fa #cj  
,q4,b4 ,ont4 #da4        #fb #b ,f4  ,f4
 #bbi4        #fc #c ,salk4 #ahc4       
,towns and cities have authority to make
 such by-laws regulating the use and    
management of the public ways within    
their respective limits1 not repugnant  
to law1 as they shall judge to be most  
conducive to their welfare4#fd ,they may
 make such by-laws to secure1 among     
other things1 the removal of snow and   

ice from sidewalks by the owners of     
adjoining estates2 to prevent the       
pasturing of cattle or other animals in 
the highways2 to regulate the driving of
 sheep1 swine1 and neat cattle over the 
public ways2 to regulate the            
transportation of the offal of          
slaughtered cattle1 sheep1 hogs1 and    
other animals along the roads2 to       
prohibit fast driving or riding on the  
highways2 to regulate travel over       
bridges2 to regulate the passage of     
carriages or other vehicles1 and sleds  
used for coasting1 over the public ways2
 to regulate and control itinerant      
musicians who frequent the streets and  
public places2 and to regulate the      
moving of buildings in the highways4    
,many people are inclined to make the   
highway the receptacle for the surplus  
stones and rubbish around their         
premises1 and to use the wayside for a  
lumber and wood yard2 and some farmers  
are in the habit of supplying their     
hog-pens and barn cellars with loam and 

soil dug out of the highway4        #fd 
,pub4 ,st4 c4 #bg1  #ae1 and c4 #ec2 #ig
 ,mass4 #bba4  ,again1 some highway     
surveyors have very little taste for    
rural beauty1 and show very poor        
judgment1 and perhaps now and then a    
little spite1 in ploughing up the green 
grass by the roadside and sometimes in  
front of houses4 ,these evils can be    
remedied by every town which will pass  
suitable by-laws upon the subject and   
see that they are enforced4 ,such       
by-laws might provide that no one should
 be allowed to deposit within the limits
 of the highway any stones1 brush1 wood1
 rubbish1 or other substance            
inconvenient to public travel2 that no  
one should be permitted to dig up and   
carry away any loam or soil within the  
limits of the highway2 and that no      
highway surveyor should be allowed to   
dig or plough up the greensward in front
 of any dwelling-house1 or other        
building used in connection therewith1  
without the written direction or consent

 of the selectmen4     ,,chapter ,,xiv4 
,,use ,,of ,,highways ,,by ,,adjoining  
,,owners4   ,the owner of land adjoining
 a highway ordinarily owns to the middle
 of the road2 and while he has the same 
rights as the public therein1 he also   
has1 in addition thereto1 certain other 
rights incident to the ownership of the 
land over which the road passes4 ,when  
land is taken for a highway1 it is taken
 for all the present and prospective    
purposes for which a public thoroughfare
 may properly be used1 and the damages  
to the owner of the land are estimated  
with reference to such use2 but the land
 can be used for no other purpose1 and  
when the servitude ceases the land      
reverts to him free from encumbrance4   
,during the continuance of the servitude
 he is entitled to use the land1 subject
 to the easement1 for any and all       
purposes not incompatible with the      
public enjoyment4 ,if the legislature   
authorizes the addition of any new      
servitude1 essentially distinct from the

 ordinary use of a highway1 like an     
elevated railroad1 then the land-owner  
is entitled to additional compensation2 
for it cannot be deemed1 in law1 to have
 been within the contemplation of the   
parties1 at the time of the laying out  
of the road1 that it might be used for  
such new and additional purposes4 ,it   
has been held in ,new ,york1 ,illinois1 
and some of the ,united ,states circuit 
courts1 that the use of a highway for a 
telegraph line will entitle such owner  
to additional compensation2 but in the  
recent case of ,pierce v4 ,drew#fe the  
majority of our ,supreme ,court decided 
that the erection of a telegraph line is
 not a new servitude for which the      
land-owner is entitled to additional    
compensation4        #fe #acf ,mass4    
#ge4  ,a minority of the court1 in an   
able argument1 maintained that the      
erection of telegraph and telephone     
posts and wires along the roads1 fitted 
with cross-beams adapted for layer after
 layer of almost countless wires1 which 

necessitate to some extent the          
destruction of trees along the highways 
or streets1 the occupation of the       
ground1 the filling of the air1 the     
interference with access to or escape   
from buildings1 the increased difficulty
 of putting out fires1 the obstruction  
of the view1 the presentation of        
unsightly objects to the eye1 and the   
creation of unpleasant noises in the    
wind1 is an actual injury to abutting   
land along the line1 and constitutes a  
new and increased servitude1 for which  
the land-owner is entitled to a distinct
 compensation4 ,after the rendering of  
the majority decision1 the legislature  
very promptly passed a law allowing an  
owner of land abutting upon a highway   
along which telegraph or telephone1     
electric light or electric power1 lines 
shall be constructed1 to recover damages
 to the full extent of the injuries to  
his property1 provided he applies1      
within three months after such          
construction1 to the mayor and aldermen 

or selectmen to assess and appraise his 
damage4#ff        #ff ,st4 #ahhd1 c4    
#cjf4  ,the public has a right to occupy
 the highway for travel and other       
legitimate purposes1 and to use the     
soil1 the growing timber1 and other     
materials found within the space of the 
road1 in a reasonable manner1 for the   
purpose of making and repairing the road
 and the bridges thereon4#fg ,but the   
public cannot go upon the land of an    
adjoining owner without his consent1 to 
remove stones or earth1 to repair a     
bridge or the highway2 and if in        
consequence of such removal the land is 
injured1 by floods or otherwise1 he can 
recover damages therefor4#fh ,he is not 
obliged to build or maintain a road     
fence1 except to keep his own animals at
 home1 but if he does build a fence he  
must set it entirely on his own land2   
and likewise1 if a town constructs an   
embankment to support a road or bridge1 
it must keep entirely within the limits 
of the highway1 for if any part of the  

embankment is built on his land he can  
collect damages of the town4#fi ,he may 
carry water-pipes underground through   
the highway1 or turn a watercourse      
across the same below the surface1      
provided he does not deprive the public 
of their rights in the way4#gj ,from the
 time of ,edward ,,iv4 it has been the  
settled law that the owner of the soil  
in the highway is entitled to all the   
profits of the freehold1 the grass and  
trees upon it and the mines under it4   
,he can lawfully claim all the products 
of the soil and all the fruit and nuts  
upon the trees4 ,he may maintain        
trespass for any injury to the soil or  
to the growing trees thereon1 which is  
not incidental to the ordinary and      
legitimate uses of the road by the      
public4 ,his land in the highway may be 
recovered in ejectment just the same as 
any of his other land4 ,no one has any  
more right to graze his highway land    
than his tillage land4#ga ,he may cut   
the hay on the roadside1 gather the     

fruit and crops thereon1 and graze his  
own animals there2 and the by-laws of   
the cities and towns preventing the     
pasturing of cattle and other animals in
 the highway are not to affect his right
 to the use of land within the limits of
 the road adjoining his own premises4#gb
        #fg #ae ,johns1 #ddg4        #fh
 #ajg ,mass4 #dad4        #fi #d ,gray1 
#bae2 #acf ,mass4 #aj4        #gj #f    
,mass4 #ded4        #ga #af ,mass4 #cc2 
#h ,allen1 #dgc4        #gb ,pub4 ,st4  
c4 #ec1  #aj4  ,it is not one of the    
legitimate uses of the highway for a    
traveller or a loafer to stop in front  
of your house to abuse you with         
blackguardism1 or to play a tune or sing
 a song which is objectionable to you2  
and if you request him to pass on and he
 refuses to go1 you may treat him as a  
trespasser and make him pay damages and 
costs1 if he is financially             
responsible4#gc ,and likewise1 if any   
person does anything on the highway in  
front of your premises to disturb the   

peace1 to draw a crowd together1 or to  
obstruct the way1 he is answerable in   
damages to you and liable to an         
indictment by the grand jury4#gd        
#gc #ch ,me4 #aie4        #gd #bd ,pick4
 #ahg4  ,although the owner of the fee  
in a highway has many rights in the way 
not common to the public1 yet he must   
exercise those rights with due regard to
 the public safety and convenience4     
,perhaps1 in the absence of objections  
on the part of the highway surveyor1 or 
of prohibitory by-laws on the part of   
the town1 he has a right to take soil or
 other material from the roadside for   
his own private use1 but he certainly   
has no right to injure the road by his  
excavations1 or to endanger the lives of
 travellers by leaving unsafe pits in   
the wayside4 ,he can load and unload his
 vehicles in the highway1 in connection 
with his business on the adjoining land1
 but it must be done in such a manner as
 not unreasonably to interfere with or  
incommode the travelling public4 ,when a

 man finds it necessary to crowd his    
teams and wagons into the street1 and   
thereby blockade the highway for hours  
at a time1 he ought either to enlarge   
his premises or remove his business to  
some more convenient spot4 ,he has a    
right to occupy the roadside with his   
vehicles1 loaded or unloaded1 to a      
reasonable extent2 but when he fills up 
the road with logs and wood1 tubs and   
barrels1 wagons and sleighs1 pig-pens   
and agricultural machinery1 or deposits 
therein stones and rubbish1 he is not   
using the highway properly1 but is      
abusing it shamefully1 and is           
responsible in damages to any one who is
 injured in person or property through  
his negligence1 and1 moreover1 is liable
 to indictment for illegally obstructing
 the roadway4#ge ,as before said1 he has
 a perfect right to pasture the roadside
 with his animals2 but if he turns them 
loose in the road1 and they there injure
 the person or property of any one      
legally travelling therein1 he is       

answerable in damages to the full extent
 of the injuries1 whether he knows they 
have any vicious habits or not4#gf ,if  
his cow1 bull1 or horse1 thus loose in  
the highway1 gore or kick the horse of  
some traveller1 he is liable for all    
damages2#gg and in one instance a       
peaceable and well-behaved hog in the   
road cost her owner a large sum of      
money1 because the horse of a traveller1
 being frightened at her looks1 ran     
away1 smashed his carriage1 and threw   
him out4#gh        #ge #a ,cush4 #ddc2  
#ac ,met4 #aae2 #ajg ,mass4 #bfd2 #ad   
,gray1 #ge2       ,pub4 ,st4 c4 #aab1   
#ag4        #gf #d ,allen1 #ddd4        
#gg #aj ,cox1 #ajb4        #gh #be ,me4 
#ech4  ,as an offset to his advantages  
as adjoining owner there are a few      
disadvantages4 ,highways are set apart1 
among other things1 that cattle and     
sheep may be driven thereon2 and as1    
from the nature of such animals1 it is  
impossible even with care to keep them  
upon the highways unless the adjoining  

land is properly fenced1 it follows that
 when they are driven along the road    
with due care1 and then escape upon     
adjoining land and do damage their owner
 is not liable therefor1 if he makes    
reasonable efforts to remove them as    
speedily as possible4#gi ,likewise1 if a
 traveller bent upon some errand of     
mercy or business finds the highway     
impassable by reason of some wash-out1  
snowdrift1 or other defect1 he may go   
round upon adjoining land1 without      
liability1 so far as necessary to bring 
him to the road again1 beyond the       
defect4#hj ,if a watercourse on         
adjoining land is allowed by the        
land-owner to become so obstructed by   
ice and snow1 or other cause1 that the  
water is set back1 and overflows or     
obstructs the road1 the highway surveyor
 may1 without liability1 enter upon     
adjoining land and remove the nuisance1 
if he acts with due regard to the safety
 and protection of the land from        
needless injury4#ha        #gi #aad     

,mass4 #dff4        #hj #g ,cush4 #djh4 
#ha #acd ,mass4 #ebb4  ,a town or city  
has a right1 in repairing a highway1 to 
so raise the grade or so construct the  
water-bars within its limits1 as to     
cause surface water to flow in large    
quantities upon adjoining land1 to the  
injury of the owner thereof2 but1 on the
 other hand1 the land-owner has a right 
to cause1 if he can1 the surface water  
on his land to flow off upon the        
highway1 and he may lawfully do anything
 he can1 on his own land1 to prevent    
surface water from coming thereon from  
the highway1 and may even stop up the   
mouth of a culvert built by a town      
across the way for the purpose of       
conducting such surface water upon his  
land1 providing he can do it without    
exceeding the limits of his own land4#hb
        #hb #ac ,allen1 #baa1 #bia2 #acf
 ,mass4 #aai4  ,when the owner of land  
is constructing or repairing a building 
adjoining the highway1 it is his duty to
 provide sufficient safeguards to warn  

and protect passing travellers against  
any danger arising therefrom2 and if he 
neglects to do so1 and a traveller is   
injured by a falling brick1 stick of    
timber1 or otherwise1 he is             
responsible4#hc        #hc #abc ,mass4  
#bf4  ,if the adjoining owner of a      
building suffers snow and ice to        
accumulate on the roof1 and allows it to
 remain there for an unusual and        
unreasonable time1 he is liable1 if it  
slides off and injures a passing        
traveller4#hd ,and1 generally1 the      
adjoining owner is bound to use ordinary
 care in maintaining his own premises in
 such a condition that persons lawfully 
using the highway may do so with safety4
        #hd #aja ,mass4 #bea2 #ajf      
,mass4 #aid4  ,the general doctrine as  
to the use of property is here1 as      
elsewhere1 ,sic utere tuo ut alienum non
 ldas1--,so use your own property as not
 to injure the rights of another4 ,if   
you make an excavation on your land so  
near to a highway that travellers are   

liable accidentally to fall therein1 you
 had better surround it with a fence or 
other safeguard sufficient to protect   
reasonably the safety of travellers4 ,if
 you have any passage-ways1 vaults1     
coal-holes1 flap-doors1 or traps of any 
kind on your premises1 which are        
dangerous for children or unwary adults1
 you had better abolish them1 or at any 
rate take reasonable precaution to cover
 or guard them in such manner as        
ordinary prudence dictates1 and         
especially if they are near the highway2
 for if you do not you may1 some time   
when not convenient for you1 be called  
upon to pay a large claim for damages or
 to defend yourself against an          
indictment4 ,but if you have so covered 
and guarded them1 and by the act of a   
trespasser1 or in some other way without
 fault on your part1 the cover1 fence1  
or guard is removed1 you are not liable 
until you have had actual or            
constructive notice of the fact1 and    
have had reasonable opportunity to put  

it right4#he        #he #d ,carr4       
,payne1 #bfb1 #ccg2 #ea ,n4,y4 #bbi2 #ai
 ,conn4 #ejg4     ,,chapter ,,xv4       
,,private ,,ways4   ,a private way is   
the right of passage over another man's 
land4 ,it may be established and        
discontinued in the same manner as a    
public way1 and it may also arise from  
necessity4 ,a way of necessity is where 
a person sells land to another which is 
wholly surrounded by his own land1 or   
which cannot be reached from the public 
highways or from the land of the        
purchaser4 ,in such case the purchaser  
is unable to reach his land at all      
unless he can go over some of the       
surrounding estates2 and inasmuch as he 
cannot go over the premises of those who
 are strangers to him1 in law1 and      
inasmuch as public policy and simple    
justice call for a passage-way to his   
land1 for his use in the care and       
cultivation of it1 the law gives him a  
way of necessity over his grantor's     
land1 which runs with his land1 as      

appurtenant thereto1 so long as the     
necessity exists1 even if nothing is    
said in the deed about a right of way1  
because it is presumed that when the    
grantor sells the land he intends to    
convey with it a right of way1 without  
which it could not be used and enjoyed2 
but when the necessity ceases1 the right
 ceases also4#hf ,in the absence of     
contract1 it belongs to the owner of a  
private way to keep it in repair1#hg and
 for this purpose he may enter upon the 
way and do whatever is necessary to make
 it safe and convenient2 but if in so   
doing he removes soil and stones which  
are not needed on the way1 such surplus 
material belongs to the owner of the    
land over which the way passes4#hh ,if a
 defined and designated way becomes     
impassable for want of repair or by     
natural causes1 the owner of the way has
 not the right of a traveller on a      
public road to go outside the limits of 
the way in order to pass from one point 
to another4#hi ,but if the owner of the 

land obstructs the way1 a person        
entitled to use it may1 without         
liability1 enter upon and go over       
adjoining land of the same owner1       
provided he does no unnecessary         
damage4#ij ,the reason for this         
distinction in the law between a public 
and a private way is that in the case of
 a private way the owner of the way1 who
 alone has the right to its use1 is     
bound to keep it in repair1 whereas in  
the case of a public way the traveller  
is under no obligation to keep it in    
passable condition4 ,a private way once 
established cannot be re-located except 
with the consent of both the owner of   
the land and of the way2 but if both are
 agreed1 the old way may be discontinued
 and re-located in another place4#ia    
,the owner of the soil of a private way 
may1 the same as the owner of the fee in
 a highway1 make any and all uses       
thereof to which the land can be        
applied4#ib ,in the absence of agreement
 to the contrary1 he may lawfully and   

without liability cover such way with a 
building or other structure1 if he      
leaves a space so wide1 high1 and light 
that the way is substantially as        
convenient as before for the purpose for
 which it was established4#ic ,and so1  
in the absence of agreement1 he may     
maintain such fences across the way as  
are necessary to enable him to use his  
land for agricultural purposes1 but he  
must provide suitable bars or gates for 
the use and convenience of the owner of 
the way4 ,he is not required to leave it
 as an open way1 nor to provide swing   
gates1 if a reasonably convenient mode  
of passage is furnished2 and if the     
owner of the way or his agents leave the
 bars or gates open1 and in consequence 
thereof damage is done by animals1 he is
 liable to respond in damages4#id ,the  
law of the road applies as well to      
private as to public ways1 as the object
 of the law is to prescribe a rule of   
conduct for the convenience and safety  
of those who may have occasion to       

travel1 and actually do travel1 with    
carriages on a place adapted to and     
fitted and actually used for that       
purpose4#ie ,the description of a way as
 a bridle-road does not confine the     
right of way to a particular class of   
animals or special mode of use1 but it  
may be used for any of the ordinary     
purposes of a private road4#if          
#hf #ad ,mass4 #di2 #b ,met4 #deg2 #ad  
,gray1 #abf4        #hg #ab ,mass4 #fe4 
#hh #aj ,gray1 #fe4        #hi ,wash1 on
 ,ease4 99#aif4        #ij #b ,allen1   
#edc4        #ia #e ,gray1 #dji2 #ad    
,gray1 #dgc4        #ib ,wash1 on ,ease4
 99#aif4        #ic #b ,met4 #deg4      
#id #ca ,n4 ,y #cff2 #dd ,n4,h4 #eci2 #d
 ,m4  ,w4 #bde4        #ie #bc ,pick4   
#bja4        #if #af ,gray1 #age4       
,,chapter ,,xvi4  ,,don',t4   ,in       
school1 church1 and society many things 
are taught by the prohibitory don't2 and
 thus many rules of law relating to     
public and private ways may be taught   
and illustrated in the same way4 ,for   

instance3--  ,don't ever drink          
intoxicating liquor as a beverage1 at   
least in large quantities4 ,if you ever 
have occasion to use it at all1 use it  
very sparingly1 especially if you are   
travelling or are about to travel with a
 team2 for if you should collide with   
another team1 or meet with an accident  
on account of a defect in the way1 in a 
state of intoxication1 your boozy       
condition would be some evidence that   
you were negligent4 ,the law1 however1  
is merciful and just1 and if you could  
satisfy the court or jury that          
notwithstanding your unmanly condition  
you were using due care1 and that the   
calamity happened through no fault of   
yours1 you would still be entitled to a 
decision in your favor2 but when you    
consider how apt a sober human mind is  
to think that an intoxicated mind is    
incapable of clear thought and          
intelligent action1 ,i think you will   
agree with the decisions of the courts1 
which mean1 when expressed in plain     

language1 ,you had better not be drunk  
when you get into trouble on the        
highway4#ig        #ig #c ,allen1 #djb2 
#aae ,mass4 #bci4  ,don't ever approach 
a railway crossing without looking out  
for the engine while the bell rings1 and
 listening to see if the train is       
coming2 for there is good sense as well 
as good law in the suggestion of ,chief 
,baron ,pollock1 that a railway track   
per se is a warning of danger to those  
about to go upon it1 and cautions them  
to see if a train is coming4 ,and our   
court has decided that when one         
approaches a railway crossing he is     
bound to keep his eyes open1 and to look
 up and down the rails before going upon
 them1 without waiting for the engineer 
to ring the bell or to blow the         
whistle4#ih ,it is a duty dictated by   
common sense and prudence1 for one      
approaching a railway crossing to do so 
carefully and cautiously both for his   
own sake and the sake of those          
travelling by rail4 ,if one blindly and 

wilfully goes upon a railway track when 
danger is imminent and obvious1 and     
sustains damage1 he must bear the       
consequences of his own rashness and    
folly4        #ih #ab ,met4 #dae4       
,don't drive horses or other animals    
affected by contagious diseases on the  
public way1 or allow them to drink at   
public watering-places1 or keep them at 
home1 for that matter4 ,the common law  
allows a man to keep on his own premises
 horses afflicted with glanders1 or     
sheep afflicted with foot-rot1 or other 
domestic animals afflicted with any kind
 of diseases1 provided he guards them   
with diligence and does not permit them 
to escape on to his neighbor's land or  
the public way4 ,but under the statute  
law of this ,state1 a man having        
knowledge of the existence of a         
contagious disease among any species of 
domestic animals is liable to a fine of 
five hundred dollars1 or imprisonment   
for one year1 if he does not forthwith  
inform the public authorities of such   

disease4#ii ,aside from the penalty of  
the statute law1 it is clearly an       
indictable offence for any one to take  
domestic animals affected with          
contagious diseases1 knowing or having  
reason to know them to be so affected1  
upon the public ways1 where they are    
likely to give such diseases to sound   
animals2 and he would be answerable in  
damages1 besides4#ajj        #ii ,st4   
#ahhe1 c4 #adh4        #ajj #b ,rob4    
,n4,y4 #cbf2 #af ,conn4 #bjj4  ,if you  
are afflicted with a contagious or      
infectious disease1 don't expose        
yourself on a highway or in a public    
place2 and don't expose another person  
afflicted with such disease1 as thereby 
you may jeopardize the health of other  
people1 and your property also1 in case 
you should be sued by some one suffering
 on account of your negligence4#aja     
#aja #d ,m4  ,s4 #gc2 ,wood on          
,nuisances1 #gj4  ,when there is snow on
 the ground1 and the movement of your   
sleigh is comparatively noiseless1 don't

 drive on a public way without having at
 least three bells attached to some part
 of your harness1 as that is the statute
 as well as the common law4 ,by the     
statute law you would be liable to pay a
 fine of fifty dollars for each offence4
 ,and by the statute and common law1 in 
case of a collision with another team1  
you would probably be held guilty of    
culpable negligence and made to pay     
heavy damages4 ,of course you would be  
allowed to show that the absence of     
bells on your team did not cause the    
accident or justify the negligence of   
the driver of the other team1 but it    
would be a circumstance which would tell
 against you at every stage of the      
case4#ajb        #ajb #ab ,met4 #dae2   
#aa ,gray1 #cib2 #h ,allen1 #dcf4  ,if  
you have no acquaintance with the nature
 and habits of horses1 and no experience
 in driving or riding them1 don't try to
 ride or drive any of them on a public  
way at first1 but confine your exercise 
in horsemanship to your own land until  

you have acquired ordinary skill in     
their management2 for the law requires  
every driver or rider on a highway to be
 reasonably proficient in the care and  
management of any animal he assumes to  
conduct through a public                
thoroughfare4#ajc        #ajc #b ,lev4  
#agc4  ,don't ride with a careless      
driver1 if you can help it1 because     
every traveller in a conveyance is so   
far identified with the one who drives  
or directs it1 that if any injury is    
sustained by him by collision with      
another vehicle or railway train through
 the negligence or contributory         
negligence of the driver1 he cannot     
recover damages for his injuries4 ,the  
passenger1 in law1 is considered as     
being in the same position as the driver
 of the conveyance1 and is a partaker   
with him in his negligence1 if not in   
his sins4#ajd        #ajd ,addison on   
,torts1  #dgi4  ,if you have a vicious  
and runaway horse1 and you know it1 you 
had better sell him1 or keep him at work

 on the farm4 ,don't1 at any rate1 use  
him on the road yourself1 or let him to 
other people to use thereon2 for if in  
your hands he should commit injuries to 
person or property1 you would have to   
foot the bills2 and if he should injure 
the person to whom you had let him1     
unless you had previously informed him  
of the character and habits of the      
horse1 you would be liable to pay all   
the damages caused by the viciousness of
 the horse4 ,if you should meet with an 
accident by reason of a defect in the   
highway1 you could not recover anything1
 however severely you might be injured  
or damaged1 provided the vicious habits 
of the horse contributed to the         
accident4#aje        #aje #d ,gray1     
#dgh2 #aag ,mass4 #bjd4  ,in riding or  
driving keep hold of the reins1 and     
don't let your horses get beyond your   
control2 for if you do your chances of  
victory in a lawsuit will be pretty     
slim4 ,if you tie up your reins for the 
purpose of walking in order to get warm 

or to lighten the load1 and let your    
horses go uncontrolled1 and they run    
over a child in the road and kill it or 
seriously injure it1 you will probably  
have to pay more than the value of the  
horses1 unless they are very good ones4 
,or if1 going thus uncontrolled1 they   
fail to use due care and good judgment  
in meeting other teams1 and in          
consequence thereof damages occur1 you  
would be expected to make everything    
satisfactory1 because your team is      
required to observe the law of the road 
whether you are with it or not1         
especially if you turn it loose in the  
highway4 ,even if you have hold of the  
reins1 and your horses get beyond your  
control by reason of fright or other    
cause1 and afterwards you meet with an  
accident by reason of a defect in the   
highway1 you cannot recover             
anything4#ajf        #ajf #aja ,mass4   
#ic2 #ajf ,mass4 #bgh2 #dj ,barb4 #aic4 
,don't encroach upon or abuse the       
highway1 either by crowding fences or   

buildings upon its limits or by using it
 as a storage yard4 ,if you set a       
building on the line of the road1 and   
then put the doorsteps1 the eaves1 and  
the bow-windows of the building over the
 line1 you are liable to an indictment  
for maintaining a public nuisance2 and  
possibly you may be ordered by the court
 to remove them forthwith at your own   
expense4#ajg ,if you build an expensive 
bank-wall for a road fence1 and place   
any part of it over the line1 you must  
remove it upon the request of the public
 authorities1 or else take your chances 
on an indictment for maintaining an     
illegal obstruction in the highway4 ,if 
you deposit on the roadside logs1       
lumber1 shingles1 stones1 or anything   
else which constitutes an obstruction to
 travel or a defect in the way1 or which
 is calculated to frighten horses of    
ordinary gentleness1 and allow the same 
to remain for an unreasonable length of 
time1 you are liable to respond in      
damages for all injuries resulting      

therefrom4 ,even if the town should have
 to settle for the damages in the first 
instance1 you might still be called upon
 to reimburse the town4#ajh        #ajg 
#ajg ,mass4 #bcd4        #ajh ,wood on  
,nuisances1  #cbf1 #cbg2 #ajb ,mass4    
#cda2 #ah ,me4       #bhf2 #da ,vt4     
#dce4  ,don't ride on the outside       
platform of a passenger coach2 for if   
you cling upon a crowded stage-coach or 
street car1 and voluntarily take a      
position in which your hold is          
necessarily precarious and uncertain1   
you have no right to complain of any    
accident that is the direct result of   
the danger to which you have seen fit to
 expose yourself4 ,however1 if the coach
 is stopped for you to get on and fare  
is taken for your ride1 the fact that   
you are on the platform is not          
conclusive evidence against you2 but the
 court will allow the jury to determine1
 upon all the evidence and under all the
 circumstances1 whether you were in the 
exercise of due care1 instructing them  

that the burden of proof is upon you to 
show that the injury resulted solely by 
the negligence of the proprietors of the
 coach4#aji        #aji #ajc ,mass4     
#cia2 #h ,allen1 #bcd2 #aae ,mass4 #bci4
  ,don't jump off a passenger coach when
 it is in motion2 for if you get off    
without doing or saying anything1 or if 
you ring the bell and then get off      
before the coach is stopped1 without any
 notice to those in charge of it1 and   
without their knowing1 or being         
negligent in not knowing1 what you are  
doing1 the coach proprietors are not    
liable for any injury you may receive   
through a fall occasioned by the sudden 
starting of the coach during your       
attempt to get off4#aaj        #aaj #ajf
 ,mass4 #dfc4  ,don't wilfully break    
down1 injure1 remove1 or destroy a      
milestone1 mile-board1 or guide-post    
erected upon a public way1 or wilfully  
deface or alter the inscription on any  
such stone or board1 or extinguish a    
lamp1 or break1 destroy1 or remove a    

lamp1 lamp-post1 railing1 or posts      
erected on a street or other public     
place2 for if you do you are liable to  
six months' imprisonment or a fine of   
fifty dollars4#aaa        #aaa ,pub4    
,st4 c4 #bjc1  #gf4  ,if in travelling  
you find the road impassable1 or closed 
for repairs1 and you find it convenient 
to turn aside and enter upon adjoining  
land in order to go on your way1 don't  
be careless or imprudent2 for if you    
take down more fences and do more damage
 than necessary1 you may have to answer 
in damages to the owner of the land2 and
 if you meet with an accident while thus
 out of the road1 you cannot look to the
 town for any remuneration therefor1    
because when you go out of the limits of
 the way voluntarily1 you go at your    
peril and on your own                   
responsibility4#aab        #aab #h ,met4
 #cia2 #g ,cush4 #djh2 #g ,barb4 #cji4  
,don't make the mistake of supposing    
that everything that frightens your     
horse or causes an accident in the      

highway is a defect for which the town  
is liable4 ,if a town negligently       
suffers snowdrifts to remain in the road
 for a long time1 and thereby you are   
prevented from passing over the road to 
attend to your business1 or1 in making  
an attempt to pass1 your horses get into
 the snow and you are put to great      
trouble1 expense1 and loss of time in   
extricating them1 you are remediless    
unless you receive some physical injury 
in your person or property2 as the      
remedy provided by the statutes1 in case
 of defects in the highway1 does not    
extend to expenses or loss of time      
unless they are incident to such        
physical injury4 ,in other words1 the   
statute gives no one a claim for damages
 sustained in consequence of inability  
to use a road4#aac ,and so a town or    
city is not obliged to light the        
highways1 and an omission to do so is   
not a defect in the way for which it is 
liable4#aad        #aac #ac ,met4 #big2 
#f ,cush4 #ada4        #aad #acf ,mass4 

#dai4  ,nor is the mere narrowness and  
crookedness of a road a defect within   
the meaning of the statutes4 ,towns and 
cities are only required to keep        
highways in suitable repair as they are 
located by the public authorities1 and  
they have no right to go outside the    
limits defined by the location in order 
to make the road more safe and          
convenient for travel4 ,if a highway is 
so narrow or crooked as to be unsafe1   
the proper remedy is by an application  
to the county commissioners to widen or 
straighten it4#aae ,nor is smooth and   
slippery ice1 in country road or city   
street1 a defect for which a town or    
city is liable1 if the road whereon the 
ice accumulates is reasonably level and 
well constructed4 ,in our climate the   
formation of thin but slippery ice over 
the whole surface of the ground is      
frequently only the work of a few hours2
 and to require towns and cities to     
remove this immediately or at all is    
supposing that the legislature intended 

to cast upon them a duty impossible to  
perform1 and a burden beyond their      
ability to carry4#aaf        #aae #aje  
,mass4 #dgc4        #aaf #ab ,allen1    
#eff2 #ajb ,mass4 #cbi2 #ajd ,mass4 #gh4
  ,if you meet with an accident on the  
highway by reason of a defect therein1  
don't fail to give notice in writing    
within thirty days1 to the county1 town1
 place1 or persons by law obliged to    
keep said highway in repair1 stating the
 time1 place1 and cause of the injury or
 damage4#aag ,this notice is a condition
 precedent to the right to maintain an  
action for such injury or damage1 and   
cannot be waived by the city or         
town4#aah ,nothing will excuse such     
notice except the physical or mental    
incapacity of the person injured1 in    
which case he may give the notice within
 ten days after such incapacity is      
removed1 and in case of his death it may
 be given by his executors or           
administrators4#aai ,formerly it was    
essential that the time1 place1 and     

cause of the injury should be set forth 
in the notice with considerable         
particularity1 but now the notice is not
 invalid by reason of any inaccuracy in 
stating the time1 place1 and cause1 if  
the error is not intentional and the    
party entitled to notice is not         
misled4#abj        #aag ,pub4 ,st4 c4   
#eb1  #ai-ba4        #aah #abh ,mass4   
#chg4        #aai ,pub4 ,st4 c4 #eb1    
#ba4        #abj ,st4 #ahhb1 c4 #cf4    
,don't convey by warranty deed a piece  
of land over which there is a public or 
a private way1 without conveying subject
 to such way2 for if you do you may be  
called upon to make up the difference in
 value in the land with the incumbrance 
upon it and with it off1 which is       
regarded as a just compensation for the 
injury resulting from such an           
incumbrance4#aba        #aba #b ,mass4  
#ig2 #ae ,pick4 #ff2 #b ,allen1 #dbh4   
,finally1 don't keep a dog that is in   
the habit of running into the road and  
barking at passing teams4 ,you had      

better get rid of him or break him of   
the habit4 ,under our statutes the owner
 or keeper of a dog is responsible to   
any person injured by him1 either in    
person or property1 double the amount of
 damage sustained2 and after he has     
received notice of the bad disposition  
of his dog1 he is liable to have the    
damage increased threefold4  ,every dog 
that has the habit of barking at people 
on the highway is liable any day to     
subject his owner or keeper to large    
liabilities2 for if he frightens a horse
 by leaping or barking at him in mere   
play1 and the horse runs away1 or tips  
over the vehicle to which he is hitched1
 his owner or keeper is responsible for 
double the damages thus caused by his   
dog4 ,hence ,i repeat the injunction1   
,get rid of such a dog or break him of  
the habit2 and if this cannot be done1  
then break his neck4  ,perhaps it might 
be well to say1 in this connection1 that
 any traveller on the road1 either      
riding or walking peaceably1 who is     

suddenly assaulted by a dog1 whether    
licensed or not1 may legally kill him1  
and thus relieve his owner or keeper of 
a disagreeable duty4#abb        #abb #aa
 ,gray1 #bi2 #a ,allen1 #aia2 #c ,allen1
 #aia4     ,,chapter ,,xvii4            
,,foot-,,paths4   ,air1 sunlight1 and   
exercise are absolutely essential for   
the proper physical and intellectual    
development of human beings4 ,thoreau   
thought it necessary for people who     
wished to preserve their health and     
spirits to spend four hours a day in the
 open air1 sauntering through the woods 
and over the hills and fields1 free from
 all worldly engagements4 ,no doubt he  
spoke from his own personal standpoint1 
and many persons do not require so much 
exercise in the open air as he did in   
order to preserve their health and      
spirits2 but the proper observance of   
the laws of health certainly requires   
every one to spend a portion of every   
pleasant day in the open air1 and on    
foot if possible4 ,since the morning    

stars first sang together1 the whole    
creation has been groaning and          
travailing in preparing the earth for   
the habitation of man2 and the influence
 and teachings of ,nature have ever     
aided powerfully in perfecting man and  
upbuilding the ruling nations of the    
world4  ,the progenitors of every       
vigorous race have always found in      
forest and wilderness the tonics and    
sources of their strength4 ,it took     
forty years of wandering in the         
wilderness to prepare the ,israelites   
for the occupation of the promised land4
 ,in the open and out-door life of the  
,athenians was developed a civilization 
noble in high aspirations for the ideal 
in beauty and life1 rich in literary and
 oratorical achievements1 and glorious  
in the great and profound thoughts of   
immortal teachers and philosophers4 ,the
 august and all-conquering civilization 
of the ,romans had its origin on        
,palatine ,hill when herdsmen and wolves
 roamed over it4 ,in ,holland1 where the

 people are ever in conflict with the   
elements of ,nature1 the land has been  
reclaimed by human effort from the      
multitudinous waves of the sea4 ,the    
streams that once spread over the land  
or hid themselves in quicksands and     
thickets are made to flow in channels   
and form a network of watery highways   
for commerce and the fertilization of   
the soil2 and where formerly lagoons and
 morasses found a home1 there are now   
pleasant homesteads1 great cities1 and  
beautiful villages4 ,the ,anglo-,saxon  
race1 which is now and has been for     
centuries the most vigorous and         
progressive in the world1 has always had
 an insatiable hunger for the earth1 and
 a love for a life in the fields by     
stream or by roadside4 ,everywhere we   
find the highest type of civilization   
where man has gained the mastery of     
,nature by the work of his hands4 ,the  
home of such a civilization is usually  
found where forests have been removed1  
and the wild vegetation of primitive    

times has been expelled to make room for
 the thousand and one productions of    
modern cultivation2 where hillsides and 
mountain-cliffs have been festooned with
 vines and made to blossom like the     
rose2 where watercourses have been made 
highways for trade and utilized for     
purposes of manufacture2 and where      
gloomy morasses and damp lowlands have  
been dried up and made fertile and      
habitable by drainage and cultivation4  
,as close contact with ,nature is       
necessary for the making of nations1 so 
her teachings are essential for the     
largest expansion of the human mind4    
,all the great teachers of the race have
 found in ,nature the germs of the      
thoughts which have widened the bounds  
of human knowledge with the process of  
the suns4 ,speak to the earth1 and it   
will teach thee1 was the basis of ,job's
 philosophy4 ,when ,david wanted light  
and assistance1 he lifted up his eyes   
unto the hills1 from whence came his    
help4 ,plato taught in the consecrated  

groves of the ,academy1 and ,aristotle  
in the pleasant fields of ,nympheum or  
in the shady walks of the ,lyceum4      
,christ taught his disciples to heed the
 teachings of ,nature1 and he sought    
strength and inspiration in the         
wilderness and the mountains4           
,wordsworth's library was in his house1 
but his study was out of doors4 ,but why
 enumerate1 when the entire intellectual
 history of our race demonstrates that  
every invention or thought which has    
extended man's mental vision and        
knowledge has been evolved from the     
discovery of some hitherto hidden law of
 the material world1 or from the        
teachings of ,nature1 which always      
foreshadow the fundamental principles   
regnant in the seen and the unseen      
world8 ,hence anything which tends to   
bring people into the open air and into 
a closer communion with ,nature is      
worthy of encouragement4  ,good         
foot-paths would furnish an easy and    
convenient way of getting at ,nature2   

and being free from the dust and heat of
 the highway1 and somewhat retired and  
secluded1 they would be1 during a       
considerable portion of the year1       
musical with the song of birds and      
beautiful with green foliage and lovely 
flowers4 ,these paths would invite and  
encourage people to take long walks1 and
 this habit would undoubtedly conduce to
 their longevity and robust health4 ,and
 the promotion of health is now         
regarded1 in every enlightened          
community1 as one of the objects of     
government4 ,the enjoyment of life      
depends in great measure upon the state 
of our health4 ,when the air feels      
bracing1 and food and drink taste sweet 
to us1 much else in life tastes sweet   
which would otherwise taste sour and    
disagreeable4 ,good drainage and        
vaccination are not the only means      
available for the promotion of the      
public health4 ,people should be        
encouraged and educated into the habit  
of taking plenty of exercise in the open

 air1 as in this way the public health  
will be improved4  ,one of the charms of
 old ,england is to be found in her     
numerous foot-paths and green lanes1    
which are recognized by law1 for many of
 them are older than the highways4 ,when
 a walker tires of the public road or is
 in a hurry1 if he knows the country1 he
 can turn into some foot-path and reach 
the place of his destination by short   
cuts through green lanes1 across        
pleasant meadows1 and along shady       
hedgerows4 ,as one passes along these   
cosey byways1 he sees1 from every       
eminence or turn1 a new prospect over   
the landscape interspersed with trees1  
now and then the bright gleam of water  
through the foliage1 and occasionally   
some beautiful vista view across parks  
and homesteads4 ,in this way one can go 
from town to town1 and get about the    
country quite independently of the      
highways4 ,most of the country churches 
are approachable by lanes and foot-paths
 which seem to run by all the houses in 

the vicinage1 and by their sweet        
attractiveness to invite all the people 
to go to church1 at least in pleasant   
summer weather4  ,in ,massachusetts and 
some of the other ,states1 towns and    
cities have authority to lay out        
foot-paths in the same manner as public 
ways4 ,it is to be hoped ere-long that  
the intelligent and public-spirited     
citizens of our towns and cities will   
cause now and then a good foot-walk to  
be constructed1 where it would shorten  
the distance from one place to another1 
and possibly pass through pleasant      
fields and woods1 and over hills        
commanding beautiful and extensive      
views4 ,it is not pleasant to walk in   
the dust and publicity of highways1 nor 
on gravel walks in artificial parks1    
where sign-boards and policemen warn you
 frequently to keep off the grass4      
,before our towns and cities spend any  
more money building boulevards and      
opening new parks1 would it not be well 
for them to consider the advisability of

 laying out some foot-paths for the     
comfort and convenience of pedestrians8 
,at any rate1 foot-paths could be made  
alongside of the road-bed of some of the
 public ways1 so that every pedestrian  
would not of necessity have to trudge   
along in the dust or mud incident to the
 middle of the road4     ,,chapter      
,,xviii4  ,,within ,,and ,,without ,,the
 ,,roadside4   ,besides the legal duty  
every dweller by a highway is under1 to 
use it with due regard to the rights of 
the public1 he is under a moral and     
,christian obligation to maintain order 
and neatness within and without his     
roadside4 ,the occupations and amenities
 of life are so interwoven and          
intermixed that no one can live for     
himself alone with justice to himself or
 to society4 ,there is something in the 
very nature of things which makes for   
the reward of unselfish exertion and for
 the condemnation of selfish acts4      
,whosoever shall seek to save his life1 
shall lose it2 and whosoever shall lose 

his life1 shall preserve it4 ,public    
spirit1 like virtue1 is its own         
exceeding great reward4 ,when one       
benefits the community in which he      
lives1 he thereby also benefits himself2
 and when he is possessed of the right  
kind of a public spirit1 he will        
beautify and improve his homestead and  
his roadside1 and will even throw the   
cobble-stones out of the roadway in     
front of his house without compensation 
or even hope of financial reward4  ,when
 he plants a tree for the sole purpose  
of doing something for posterity1 and   
then watches its growth and expansion   
from day to day until he becomes        
familiar with its varied aspects in     
sunny and in stormy weather1 and        
finally1 walking beneath its cooling    
shade and seeing its limbs swaying      
gracefully over surrounding objects1 his
 heart goes out towards it with a       
feeling of tenderness and love1 and he  
feels that he has been paid a thousand  
times for setting it out4 ,when after   

years of endeavor in trying to keep his 
roadside neat and clean and covered with
 greensward1 he finds that his example  
is having some influence on his         
neighbors1 and that even the            
road-menders begin to respect his       
efforts to improve the wayside1 he feels
 that he has been amply compensated for 
all his trouble and care in his own     
increased enjoyment and in the increased
 enjoyment he has been the means of     
giving to the public4  ,first           
impressions always have great influence 
upon our minds4 ,nothing will give a    
traveller a poorer and meaner opinion of
 a town and its inhabitants than        
dilapidated buildings surrounded by     
rubbish and broken-down fences4 ,when a 
traveller passes a house of this        
character1 he instinctively says to     
himself1 ,some shiftless and            
poverty-stricken family lives here2 but 
when he passes a well-kept house with   
pleasant surroundings1 he says1 ,this   
must be the abode of intelligent and    

well-to-do people4 ,he feels like       
stopping and forming their acquaintance1
 for he is sure that their acquaintance 
would be worth having4 ,our opinion of a
 person's character is always more or   
less influenced by the clothes he wears 
and by the house in which he lives4 ,the
 surroundings of every home of          
intelligence and tidiness should        
indicate that it is not the abode of the
 vulgar and ignorant4 ,therefore every  
owner of a homestead should strive to   
make it a cosey and pleasant home for   
himself and family4 ,he should take a   
just pride in keeping his buildings in  
good repair1 well painted and suitably  
arranged for the purposes of his        
business and a happy and healthy home   
life4 ,the surroundings should be made  
neat and attractive1 by the absence of  
rubbish1 and the presence of green grass
 and shade trees4  ,if he owns much     
land1 he ought to be landscape gardener 
enough to set out his fruit and shade   
trees and to lay out his fields in the  

best way for convenience and scenic     
effect4 ,he should also have sufficient 
rural taste not to locate his barn and  
other out-buildings in such a way as to 
shut off the best views from his house4 
,he ought also to have a general        
knowledge of the nature and uses of     
trees and forests1 and the necessity of 
their cultivation for the good of       
himself and mankind at large4  ,forest  
and shade trees greatly enhance the     
beauties of a country1 and no country   
can be beautiful in the highest degree  
without them4 ,if the green hills and   
mountains of ,new ,england were stripped
 of their woods1 the lovers of natural  
scenery and rural life would seek       
elsewhere the gratification of their    
tastes4 ,even the stately homes of      
,england would appear commonplace in the
 absence of the majestic trees and      
forests which now encircle them4 ,a     
plain1 modest house1 situated in the    
midst of an open grass-plat and         
sheltered by a few handsome shade trees1

 is more beautiful and appeals more     
strongly to the feelings than the       
stateliest mansion unprotected from the 
sun4 ,who would care to live by the side
 of the purest stream or body of water1 
if it were not fringed with trees8 ,were
 it not for trees1 would there be any   
beauty in mountain1 hill1 or            
valley1--for who can conceive of a      
beautiful landscape scene devoid of     
trees8  ,the love of trees seems to be  
implanted in all noble natures4 ,the    
ancients believed that the groves were  
the first temples of the gods4          
,christopher ,north says that the man   
who loves not trees would make no bones 
of murdering4  ,some people give as an  
excuse for not planting trees that it   
takes so long for them to grow that they
 will not live to enjoy them4 ,the      
selfishness of this excuse is enough to 
condemn it2 but it is not tenable from  
any point of view4 ,it has been said    
that he who makes two blades of grass   
grow where only one grew before is a    

benefactor of his race2 and of all the  
pursuits connected with the interests of
 mankind what can be the source of more 
true and disinterested happiness than   
the knowledge that one has been         
instrumental in changing a waste and    
unproductive piece of land into a scene 
of umbrageous and waving beauty8 ,cicero
 speaks of tree-planting as the most    
delightful occupation of advanced life2 
and ,sir ,robert ,walpole once said that
 among the various actions of his busy  
life none had given him so much         
satisfaction in the performance and so  
much unsullied pleasure in the          
retrospect as the planting with his own 
hands many of those magnificent trees   
that now form the pride of ,houghton4   
,of course it is not claimed that every 
one should have expensive buildings upon
 his homestead1 or wide-spreading lawns 
around his house4 ,many are so situated 
that they cannot afford to live in      
costly houses or to spend much money on 
their surroundings2 but every one can   

make his home1 however humble1 pleasant 
and homelike1 and can keep his dooryard 
and wayside free from old rubbish4 ,i   
can understand how love can be happy in 
a cottage1 but ,i do not believe it     
possible for a family to grow in        
knowledge and virtue and enjoy life     
while dwelling in mean and dirty        
apartments4  ,cleanliness is next to    
godliness1 and it is just as true of the
 outside of the house as of the inside4 
,a pleasant and beautiful exterior      
usually signifies pleasantness and peace
 within4 ,while well-fenced and         
well-tilled farms are always pleasing to
 the eyesight1 and neatly dressed       
roadsides are generally desirable1 it   
does not follow that no shrubbery or    
sylvan tangles of trees should be       
allowed to grow on farms or by the      
wayside4 ,a bare and rocky hill or knoll
 suggests images of bleak and barren    
desolation1 cold blasts1 and parching   
sun2 while a hill clothed and capped    
with woods gives the impression of a    

rich and charming country4 ,therefore   
the land unsuitable for pasturage or    
cultivation on a farm had better be     
covered with clusters of trees or with  
forests2 and frequently an old          
stone-wall or heaps of stones can be    
advantageously hidden by vines and      
shrubbery1 as they add beauty to the    
landscape1 furnish shelter to birds1 and
 often protect the crops from cold      
winds4 ,many a wayside in country       
by-roads is so rough and uneven1 so     
rocky and full of earth-pits1 that it   
had better be covered with the wild     
shrubbery of ,nature than to be cleared 
up in such a way as to expose to view   
all its unsightly objects4 ,whenever the
 roadside cannot be covered by          
greensward1 the native shrubs and wild  
vines ought to be allowed to hide its   
nakedness with green foliage and        
beautiful flowers4 ,they give beauty to 
wayside scenery1 and increase the       
interest and pleasure of those          
travelling along the road4     ,,chapter

 ,,xix4  ,,enjoyment ,,of ,,the ,,road4 
,in travelling1 whether one is riding or
 walking1 it is not sufficient for the  
proper enjoyment of the way to know how 
to get along in a legal manner1 but he  
should know how to put himself in       
harmony with the elements of ,nature1   
and to feel the gay1 fresh sentiment of 
the road4 ,the first requisite for this 
enjoyment is to have a hopeful and      
sunshiny disposition4 ,when people are  
buoyed up by hope they will find        
enjoyment under very adverse            
circumstances4 ,adam and ,eve1 according
 to ,milton1 saw without terror for the 
first time the sun descend beneath the  
horizon1 and the darkness close in upon 
the earth1 and the firmament glow with  
living sapphires1 although they did not 
then know of a sunrise to come4 ,yet    
even in such a time as that1 according  
to this poet1 these hopeful natures     
walked hand in hand in the grateful     
evening mild1 and held such sweet       
converse with each other that they      

forgot all time1 all seasons and their  
change1 for all pleased alike4 ,thus it 
was in the beginning1 and thus it will  
be at the end2 for even in the darkest  
as in the brightest hours hopeful       
humanity looks forward to something     
better1 as--      ,of better and        
brighter days to come     ,man is       
talking and dreaming ever4  ,and who    
would have it otherwise8 ,as sunshine is
 the most important thing in the natural
 world1 so it is the best thing in human
 life4 ,people with sunshiny            
dispositions are always happy and       
welcome everywhere1 whether on the road1
 in the sick-room1 or in the halls of   
gayety4 ,they drive away the blues and  
bring in hope and good cheer2 without   
them1 life would not be worth living4   
,the ,french philosopher ,figuier was so
 impressed with the value of sunshine in
 human nature that he taught that the   
rays of the sun1 which bring light and  
heat and life and all blessings to the  
earth1 are nothing but the loving       

emanations of the just spirits who have 
reached the sun1 the final abode of all 
immortal souls2 and its light and heat  
are the result of their effulgent       
goodness and sunshiny dispositions4     
,every traveller1 then1 who wishes to   
experience even the common and apparent 
enjoyments of the way1 should start out 
with a light heart and rich in hope2 but
 if he wishes to taste also the latent  
enjoyments of the way1 he must have an  
observing eye1 and the love of ,nature  
in his heart4 ,it is astonishing how the
 systematic cultivation of the observing
 faculties will develop in one the habit
 of seeing and enjoying his environment4
 ,this habit grows as rapidly as        
heavenly wisdom in one who has made an  
honest attempt to obtain a knowledge of 
,god1 when--            ,each faculty   
tasked to perceive ,him     ,has gained 
an abyss where a dewdrop was asked4     
,what a source of pleasure1 solace1 and 
recreation1 then1 is open to him who    
knows how to distinguish and appreciate 

the beautiful in ,nature6 ,he hears in  
every breeze and every ripple of water a
 voice which the uncultivated ear cannot
 hear2 and he sees in every fleeting    
cloud and varied aspect of ,nature some 
beauty which the ignorant cannot see4   
,earth's crammed with heaven1     ,and  
every common bush afire with ,god2      
,but only he who sees takes off his     
shoes4  ,there is truth in the quaint   
language of ,platen3 ,the more things   
thou learnest to know and to enjoy1 the 
more complete and full will be for thee 
the delight of living4  ,we frequently  
find that when two persons are placed in
 the same situation1 one will find much 
to enjoy while the other will not1 and  
simply because one has the love of      
,nature in his heart1 and the other has 
not4 ,one person1 living in the midst of
 the most beautiful natural scenery1 is 
not charmed by anything he sees on the  
earth or in the sky4 ,to him all ,nature
 is like an empty barnyard1 in which    
there is nothing to inspire him with a  

noble thought or stir him with a        
generous emotion4 ,another person living
 in the same vicinity sees much in his  
surroundings to admire and to enjoy4 ,he
 looks at the sunset glows with delight2
 he sees beauty in the grass1 and glory 
in the flowers2 he sees with admiration 
and awe the storm-clouds1 black and     
terrible1 rushing together like         
veritable war-horses1 or piling         
themselves up like mountains1           
reverberating with the artillery of     
heaven and tongued with fire2 wherever  
he looks nearly every prospect pleases2 
and to him ,nature1 like the            
,scriptures1 is new every morning and   
new every night4 ,such a person is more 
likely to be a better neighbor1 a better
 citizen1 and a better ,christian than  
one who has not the love of ,nature in  
his heart4 ,ruskin says3 ,the love of   
,nature is an invariable sign of        
goodness of heart and justice of moral  
perception2 that in proportion to the   
degree in which it is felt1 will        

probably be the degree in which all     
nobleness and beauty of character will  
also be felt2 that when it is absent    
from any mind1 that mind in many other  
respects is hard1 worldly1 and degraded4
 ,the love of ,nature has ever been     
characteristic of the greatest and the  
noblest minds4 ,to ,wordsworth the      
meanest flower that blows gave him      
thoughts too deep for tears2 and to     
,christ the lily of the field was more  
beautifully arrayed than ,solomon in all
 his glory4 ,likewise we often find that
 two travellers will pass together over 
the same route1 and one will see much to
 admire and to enjoy by the way1 and the
 other will see nothing to admire or to 
enjoy4 ,the one who has an observing    
eye1 and enjoys beautiful and grand     
natural scenery1 sees in every nook and 
corner by the way some lovely flower or 
comely shrub to admire1 and1 like       
,wordsworth1--      ,beside the lake1   
beneath the trees1     ,fluttering and  
dancing in the breeze1       ,he sees   

the golden daffodils4  ,and he not only 
enjoys the present sight1 but he enjoys 
the scene as often as he thinks of it   
afterwards1 as in imagination he views  
the scene over and over again1--        
,for oft when on his couch he lies      
,in vacant or in pensive mood1     ,they
 flash upon the inward eye       ,which 
is the bliss of solitude2     ,and then 
his heart with pleasure fills1     ,and 
dances with the daffodils4  ,and in the 
common and unnoticed grass by the       
roadside or in the field1 he can see in 
each blade a system of masonry and      
architecture that no human skill has    
ever been able to equal4 ,the stem is   
very slender1 but is so elastic and     
strong that it waves gracefully in the  
breeze and bends to the earth in the    
storm without breaking1 and assumes an  
upright attitude again4 ,it is made up  
of delicate cells and perfect and       
intricate channels1 through which hidden
 currents of life throb and flow as     
mysteriously as the vital blood through 

the human frame4 ,it is colored with an 
emerald tint of such beautiful hues that
 it has been the despair of artists to  
imitate it in every age4 ,ages and ages 
before the human hand learned its       
cunning1 the command went forth for     
grass to bring forth seed after its     
kind2 and to-day it is waving gracefully
 in every field1 and crowned with the   
same beautiful flowers and tasselled    
seed-vessels as of old4 ,men in their   
haughty ambition have builded much      
larger structures4 ,they have erected   
towers1 pyramids1 obelisks1 spires1     
monuments1 and triumphal arches1 which  
have commanded the admiration of their  
builders and of their fellow-men in     
every part of the world2 but every      
principle of their masonry and          
architecture is an imitation of that in 
the humblest spear of grass4 ,thus every
 traveller on a country road is         
surrounded by monuments more ancient1   
more impressive1 and more beautiful than
 the ancient or modern world can show as

 the production of human hands4  ,he    
finds much enjoyment in the study of the
 forms and characteristics of the       
different trees by the wayside4 ,if the 
road passes over highland1 on a breezy  
day he can look down upon or across the 
tops of undulating forest trees1 whose  
swaying movements remind him of the     
waves of the sea4 ,he can see in each   
species not only a variety in the color 
and form of its foliage1 but some       
characteristic which reminds him of some
 human being4 ,the rugged oak or apple  
tree recalls to his mind some sturdy    
man1 of great strength and honesty of   
character1 with picturesque but awkward 
manners4 ,the gracefully swaying        
branches of the stately elm or weeping  
willow remind him of some woman whose   
elegant form and manners make her as    
lovely as the moon and as beautiful as  
light4 ,the rapid and constant motion of
 the foliage of the poplar and the aspen
 reminds him of some nervous and        
excitable person who is never quiet or  

easy for a moment4 ,the prim spruce-tree
 suggests to him some person of formal  
habits and primness of dress4 ,the      
symmetrical maple and pine remind him of
 some quiet and dignified character who 
is well balanced and rounded at every   
point4 ,the patriarchal tree which has  
outlived all its companions and stands  
alone with few and withered branches1   
but still raising its majestic head to  
heaven as if in supplication for        
blessings on the earth1 reminds him of  
some gray-haired person who1 full of    
years and rich in faith1 after a        
well-spent life is approaching and can  
almost see the other side of the river  
which separates this life from the      
eternal world4  ,if he has a taste for  
domestic and pastoral scenery1 it is    
gratified as he views the green pastures
 and meadows1 the waving grain-fields1  
and the occasional gleam of water       
through the foliage4 ,ever and anon he  
passes by some dwelling where the charms
 of culture have been added to the      

charms of ,nature4 ,by kind treatment   
the grass-plat before the door has      
become a refreshing piece of verdure4   
,by careful pruning and training the    
trees on the lawn have become objects of
 beauty1 and cast their graceful shadows
 over the velvety greensward beneath4   
,the woodbine tastefully trained over   
the porch1 the flower-bed in the yard   
brilliant with flowers1 and the garden  
and the fruit orchard in the field1 all 
tend to cheer and sanctify human life in
 such an abode4 ,perchance the road runs
 by some rural homestead which reminds  
him of his own ancestral home1 humble   
yet beautiful to him1 and all the scenes
 of his childhood come vividly to mind  
as fond recollection presents them to   
view4 ,he is once more a barefoot boy1  
and all is outward sunshine and inward  
joy4 ,he slacks his thirst once more    
from the well by the door or at the     
spring on the hillside2 and he visits   
again the old familiar play-ground1 the 
lane through which the cows are driven1 

the brook where the sheep are washed1   
the fish are caught1 and the boys go in 
swimming4  ,when the road leads him into
 the mountains or in sight of them1 he  
is charmed by their majesty and awed by 
their sublimity4 ,a mountain panorama   
presents all the characteristic phases  
of ,nature and all the moving variation 
of the atmosphere4 ,at one time they are
 cloud-capped and surrounded with fog1  
and then in an incredibly short time    
they are glittering in a halo of        
sunlight4 ,as one beholds their majestic
 heads1 around which the storms of      
centuries have beat1 disappear as       
twilight changes into night1 he can but 
feel oppressed with the gloom and       
melancholy of the scene4 ,but in the    
morning1 when--      ,night's candles   
are burnt out1 and jocund day           
,stands tiptoe on the misty             
mountain-tops1  he can but conclude with
 ,ruskin1 that mountain scenery has been
 prepared in order to unite as far as   
possible and in the closest compass     

every means of delighting and           
sanctifying the heart of man4 ,mountains
 seem to have been built for the human  
race1 as at once their schools and      
cathedrals1 full of treasures of        
illuminated manuscript for the scholar1 
kindly in simple lessons to the worker1 
quiet in pale cloisters for the thinker1
 glowing in holiness for the worshipper4
  ,then1 again1 a country road is a good
 place to become acquainted with some   
forms of animal and vegetable life4 ,the
 odors of growing vegetation1 the       
movement of squirrels and other         
creatures1 and the song of birds1 all   
have a tendency to impress one with the 
idea that the material world is animated
 with life4 ,and when the sun pours down
 a flood of glowing sunlight1 and       
swathes the traveller and the whole     
world with its glowing and life-giving  
beams1 he realizes that the sun is the  
source of every material blessing4 ,in  
the city people know in a general way   
that the sun is the source of heat and  

light1 and that he adds to their comfort
 and convenience1 as do the electric    
light and the fire on the hearth2 but   
they hardly realize that his rays are   
necessary for their existence1 to say   
nothing of their comfort1 for even a    
week4 ,but when a traveller in the      
morning sees all animated ,nature       
stirring and rejoicing with the         
throbbings of warmed and rejuvenated    
life2 when he looks out over the        
landscape and sees the sun raising in   
misty vapors the water which supplies   
our springs1 lakes1 and streams1 and    
refreshes the earth in showers of rain1 
he realizes that the sun is not only the
 fire which warms the world1 but it is  
also the mighty hydraulic engine of     
,nature4  ,these are some of the        
enjoyments of the way2 but every        
thoughtful and observing traveller knows
 that they cannot be enumerated4 ,like  
,burroughs1 he is not isolated1 but one 
with things1 with the farms and         
industries on either hand4 ,the vital1  

universal currents play through him4 ,he
 knows the ground is alive3 he feels the
 pulses of the wind1 and reads the mute 
language of things4 ,his sympathies are 
all aroused2 his senses are continually 
reporting messages to his mind4 ,wind1  
frost1 rain1 heat1 cold1 are something  
to him4 ,he is not merely a spectator of
 the panorama of ,nature1 but a         
participator in it4 ,he experiences the 
country he passes through1--tastes it1  
feels it1 absorbs it4  ,neither is he   
confined to the material demonstrations 
of ,nature for his enjoyment of the way4
 ,some of the greatest sermons and      
speeches have been thought out on the   
road4 ,a solitary traveller can think   
calmly and thoughtfully on the great    
problems of life and death1 and can     
learn to appreciate the fact that the   
gods approve the depth1 and not the     
tumult1 of the soul4                    
99      99      99      99      99      
,university ,press3 ,john ,wilson  ,son1
 ,cambridge4