RIGHTS IN THE ROAD. 15T 



surveyor to use such materials for the repair of the road; 

 and these materials he may cart away, and use elsewhere on 

 the road, but he has no right to use them for his own private 

 purposes (1 N. H. 16). No other man has a right to feed 

 his cattle there, or cut" the grass (44 Vt. 49) or trees ; much 

 less deposit his wood, old carts, wagons, or other things 

 thereon (8 Met. 576; B Allen, 473; 1 Penn. St., 336) ; and, 

 after notice to the owner, you may remove them to some 

 suitable place, and if they are lost or injured it is not your 

 fault (12 Met. 53). The owner of a di-ove of cattle which 

 stop to feed in front of your land, or of a drove of pigs 

 which root up the soil, is responsible to you at law as much 

 as if they did the same things inside the fence. Nobody's 

 children have a right to pick up the apples under your trees, 

 although the same stand wholly outside of the fence. No 

 private person has a right to cut or lop off the limbs of your 

 trees in order to move his old barn or other buildings along 

 the highway (4 Cush. 437; 97 Mass. 472); and, even if 

 the owner of the building has a license to move the same 

 through the streets, this does not exempt him from liability 

 to private sufferers. And no traveller can hitch his horse to 

 your trees in the sidewalk, without being liable, if he gUc'iws 

 the bark or otherwise injures them ; and you may untie the 

 horse, and remove him to some safe place (54 Me. 460). If 

 your well stands partly on your land, and partly outside the 

 fence, no neighbor can use it, except by your permission. 

 Nay, more : no man has a right to stand in front of your 

 land, and whittle or deface your fence, tlu-ow stones at your 

 dog, or insult you with abusive language, without being 

 liable to you for trespassing on your land (11 Barb. 390) ; 

 he has a right to pass and repass in an orderly and becoming 

 manner, — a right to use the road, but not to abuse it. Per- 

 haps it may be well to state here, that, if the highway be- 

 comes suddenly impassable by heavy snows or deep gullies, 

 he may turn aside into your adjoining land, without being 

 liable as a trespasser, if he does no unnecessary injury (7 

 Cush. 408). But, notwithstanding the farmer owns the soil 

 of the road, even he cannot use it for any purpose wliich 

 interferes with the use of it by the public for travel. He 

 cannot put liis pig-pen, wagons, wood, or other things there, 

 if the highway surveyor orders them away as obstructing 



