ient and suitable railings every road which passes over a
bank, bridge, or along a precipice, excavation, or deep water; and
it makes no difference whether these dangerous places are within or
without the limits of the road, if they are so imminent to the line
of public travel as to expose travellers to unusual hazard.[18] But
towns are not obliged to put up railings merely to prevent
travellers from straying out of the highway, where there is no
unsafe place immediately contiguous to the way.[19]
[17] 8 Allen, 473.
[18] 13 Allen, 429.
[19] 122 Mass. 389.
The roads are for the use of travellers, and a city or town is not
bound to keep up railings strong enough for idlers to lounge against
or children to play upon.[20]
[20] 3 Allen, 374; 8 Allen, 237.
The travelled parts of all roads ought to be wide enough to allow of
the ordinary shyings and frights of horses with safety, for shying
is one of the natural habits of the animal;[21] although it seems
that switching his tail over the reins is not a natural habit of the
animal, as it has been decided that if a horse throws his tail over
the reins and thereby a defect in the road is run against, no
damages can be recovered.[22]
[21] 100 Mass. 49.
[22] 98 Mass. 578.
CHAPTER VII.
GUIDE-POSTS, DRINKING-TROUGHS, AND FOUNTAINS.
The statutes undertake to provide for the erection and maintenance
of guide-posts at suitable places on the public ways; 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 execution. The law makes it incumbent upon the
selectmen or road commissioners of each town to submit to the
inhabitants, at every annual meeting, a report of all the places in
which guide-posts are erected and maintained within the town, and of
all places at which, in their opinion, they ought to be erected and
maintained. For each neglect or refusal to make such report they
shall severally forfeit ten dollars. After the report is made the
town shall determine the several places at which guide-posts shall
be erected and maintained, which shall be recorded in the town
records. A town which neglects or refuses to determine such places,
and to cause a record thereof to be made, shall forfeit five dollars
for every month during which it neglects or refuses to do so.
At each of the places determined by the
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