176 BOARD OF AGRICULTURE. [Pub. Doc. 



his heirs or assigns. This ownership of an abutter to the 

 centre of the road involves the right to use his half of it in 

 any way not inconsistent with the easement of the public 

 to pass over it ; and such abutter may maintain an action 

 against any one who digs up or interferes with Ms portion 

 of the highway, or places rocks or rubbish thereon without 

 authority. This doctrine was very clearly declared in a 

 case which arose in the town of Egremont, in Berkshire 

 County, in 1863 or 1864. The defendant, in order to effect 

 a beneficial widening of the road, placed stones and rub- 

 bish on the north side of the travelled part of it, and thus 

 improved it and rendered it more safe and convenient for 

 travellers ; but the court held that inasmuch as he was not 

 the highway surveyor, and although what he did was evi- 

 dently for the public benefit, he committed an illegal act, 

 and was liable in damages therefor. But this rule would not 

 have been applied if he had worked upon the travelled part 

 of the road, and improved the condition of that portion only. 

 If a highway becomes impassable for any reason, a trav- 

 eller may pass over adjoining land, even if he has to take 

 down fences in so doing ; but there must be no unnecessary 

 damage done, and things must be replaced as far as possible. 

 As late as 1851 a case of this kind arose in Mount Wash- 

 ington, in Berkshire County, where in the lower court the 

 plaintiff was awarded damages against a defendant Avho had 

 encroached upon adjoining fields during a temporary ob- 

 truction of the highway ; but when the case reached the 

 supreme court, Chief Justice Bigelow reversed the decision 

 and set the verdict aside, holding, against the contention of 

 the plaintiff, that the law of England, afiirming the doctrine 

 of right to use adjoining land in cases of necessity, had been 

 adopted and recognized in all the American States. The 

 doctrine has its origin in necessity, and must be limited by 

 that necessity ; mere convenience will not justify such an 

 exceptional use of private property. 



Every farmer and every farmer's boy is familiar with the 

 statute of our State, which provides that, when persons meet 

 each other on a bridge or road with any kind of vehicles, 

 each person shall seasonably drive his vehicle to the right 

 of the middle of the travelled part of the bridge or way, so 



