FREE BOOKS

Author's List




PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   >>  
f fifty dollars.[111] [111] Pub. St. c. 203, Sec. 76. If in travelling you find the road impassable, or closed for repairs, and you find it convenient to turn aside and enter upon adjoining land in order to go on your way, don't be careless or imprudent; for if you take down more fences and do more damage than necessary, you may have to answer in damages to the owner of the land; and if you meet with an accident while thus out of the road, you cannot look to the town for any remuneration therefor, because when you go out of the limits of the way voluntarily, you go at your peril and on your own responsibility.[112] [112] 8 Met. 391; 7 Cush. 408; 7 Barb. 309. 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 liable. If a town negligently suffers snowdrifts to remain in the road for a long time, and thereby you are prevented from passing over the road to attend to your business, or, in making an attempt to pass, your horses get into the snow and you are put to great trouble, expense, and loss of time in extricating them, you are remediless unless you receive some physical injury in your person or property; as the remedy provided by the statutes, in case of defects in the highway, does not extend to expenses or loss of time unless they are incident to such physical injury. In other words, the statute gives no one a claim for damages sustained in consequence of inability to use a road.[113] And so a town or city is not obliged to light the highways, and an omission to do so is not a defect in the way for which it is liable.[114] [113] 13 Met. 297; 6 Cush. 141. [114] 136 Mass. 419. Nor is the mere narrowness and crookedness of a road a defect within the meaning of the statutes. Towns and cities are only required to keep highways in suitable repair as they are located by the public authorities, 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 travel. If a highway is so narrow or crooked as to be unsafe, the proper remedy is by an application to the county commissioners to widen or straighten it.[115] Nor is smooth and slippery ice, in country road or city street, a defect for which a town or city is liable, if the road whereon the ice accumulates is reasonably level and well constructed. In our climate the forma
PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   >>  



Top keywords:

defect

 

highway

 

liable

 

statutes

 
damages
 

accident

 

physical

 

injury

 

highways

 

remedy


limits

 

convenient

 

incident

 
extend
 
omission
 
obliged
 

provided

 

sustained

 

expenses

 

consequence


inability

 

statute

 

defects

 
required
 

commissioners

 

straighten

 
smooth
 
county
 

application

 
narrow

crooked
 

unsafe

 
proper
 

slippery

 
country
 

constructed

 

climate

 
street
 

whereon

 

accumulates


travel

 
crookedness
 

narrowness

 

meaning

 
cities
 

defined

 

location

 

authorities

 
public
 

suitable