Highways and Highway TransportationChatburn, George R.
History
Highways and Highway Transportation
Chatburn, George R.
Roads; Transportation
As has been shown roads developed from mere trails that originally were
paths along which by common consent, force, or otherwise the privilege
of passing was gained. This, when ownership in land was recognized,
became an easement. After the development of civil governments the
right to traverse and transport goods over such roadways, that is, the
easement, was vouchsafed to the inhabitants and protected by laws. In
England the right of way over another’s land became known as the king’s
highway, as all public property was held and measures taken in the
name of the king. In the United States it is known simply as a public
highway. The highway is in reality the right of passage, not the beaten
track, for in both England and the United States the laws recognize
the privilege the traveler has when for any reason the road becomes
blocked or obstructed of taking to the fields and making another track.
Equity courts may grant damages for such usage of private land by the
public but no court will attempt to prevent it; if necessary they
will, however, by writ of mandamus command road officers to repair
the established roads so as to make them passable. In England the
law allowed the traveler to turn into the adjacent field, whether
cultivated or not, whenever the track became worn or rutted. In order
to keep the used way within due bounds and at the same time maintain it
in a passable condition the freeholders, perhaps at first voluntarily
then by force of laws, worked the roads once or twice a year. By doing
this they saved their lands and crops from being trampled down. It has
also been shown how Edward I took up the question of improving the
highways as a police measure in order that it might be safe for man
and goods to pass along the road without being attacked from ambush by
robbers.
Such robberies have taken place in the development of every land,
and those who have made a profession of it are variously styled
highwaymen, bandits, brigands, and so on. Even to the present day, as
has been shown in a preceding chapter, highway robbery still exists,
although the profession of highwayman no longer commands the respect of
reputable society as was the case during the time of Robin Hood, and
Claude Duval of England, and of the Robber Barons of Germany.
Public-domain text, read in full here on John Shaqi.
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