230 BOARD OF AGRICULTURE. [Pub. Doc. 



he has occasion to use. He may in that case remove the 

 unauthorized bridge, by way of abatement ; but this would 

 not justify strangers, being inhabitants of other parts of the 

 Commonwealth, having no occasion to use it, in doing the 

 same thing. 



But this private right of abating nuisances cannot be ex- 

 ercised mider such circumstances that it would involve a 

 breach of the peace. Care must always be taken to do no 

 more injury than is required to remove the obstruction ; and, 

 although it may be necessary, in order to abate a nuisance in 

 the highway, to remove materials therefrom, the person abat- 

 ing the nuisance is not justified in converting those materials 

 to his own use. 



The Legislature may, by authorized obstructions in the 

 highway, legalize what would otherwise be a nuisance ; and 

 a municipality ma}^ have conferred upon it, by the Legisla- 

 ture, similar power. Street railway tracks are an illustration 

 of this doctrine. In the case of a steam railroad crossing 

 a highway at grade, the Legislature has defined when it shall 

 be a nuisance for the cars to stand across the road and ob- 

 struct it, by forbidding such obstruction for more than five 

 minutes at a time. The Legislature has in effect authorized 

 the obstruction thus long, while forbidding it to any greater 

 extent. 



If an individual creates a nuisance by obstructing a high- 

 way, and the town is held liable to a third person who is 

 injured because the town failed to keep the road in repair, 

 the town may afterwards sue the original wrong-doer for the 

 damages which the town has been compelled to pay. That 

 is to say, a person injured may perhaps have a remedy 

 either against the individual who caused the obstruction, or 

 the town itself, and he may elect against which he will 

 proceed. If he succeeds in having the town mulcted in 

 damages, the town may in turn sue and recover from the 

 person originally causing the injury. 



The purpose of the highway is to accommodate the public 

 travel, whether on foot, horseback or in vehicles, and to 

 facilitate commercial intercourse. It certainly is not a nec- 

 essary incident of its usefulness that it should provide pas- 



