Title
A Treatise On The Law Of Highways, By Joseph K. Augell, And Thomas Durfee.,New
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 ... J., u One question is, whether this act of the defendant was at all necessary for the bond fide carrying on of his trade; for if it was, and he did not take up more time in the doing of it than was necessary, the law would do what it could to protect him.' Undoubtedly, as man in the pursuit of his lawful business would be excused for acts, which, if wantonly done, would render him punishable for a nuisance;1 but, even in such a case, the claims of private business must yield to the superior right of the public, whenever they would lead to an unreasonable interruption. Thus, in a recent case in New York, in which the nuisance complained of was occasioned by the congregation of carts in the public street, for the reception of slops from a distillery; it was insisted for the defendants, first, that, their business being lawful, they had a right to use, in carrying it on, so much of the public highway as was necessary for that purpose, provided they used reasonable diligence and despatch; and, second, that they, not being the owners of the carts and teams there assembled, and having no control over them, were not responsible. But the Court held, as to the first point, that private interest must be made subservient to the general interest of the community, i It is not impossible, that this consideration may have had weight with the Court, in quashing the indictment in Rex v. Sannon, 1 Bur. 516, in which the defendant was charged with keeping a person upon an ancient common footway in London, to deliver out certain printed bills of her occupation, to persons passing that way, which she did for the space of four hours and more together, on every of several days specified, whereby said footway was greatly impeded and obstructed. The Court, without d...
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