Treatise on the Law of Municipal Corporations

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ... authority the public, over streets is not confined to their use for the sole purpose of travel, but they may be used for many other purposes required by the public convenience. In the anthor's judgment, the uses to which streets in towns and cities may legitimately be put are greater and more numerous than with respect to ordinary roads or highways in the country. With reference to these, all the public requires is the easement of passage and its incidents, and hence the owner of the soil parts with this use only, retaining the soil, and, by virtue of this ownership, entitled, except for the purposes of repairs, to the earth and the timber and grass growing thereon, and to all minerals, quarries, and springs below the surface; and he may maintain actions against those who obstruct the road or interfere with his rights therein.' But with respect to streets in ' Same authorities; Taylor v. St. Louis, 14 Mo. 20, 1851; Hovey v. Mayo, 43 Maine, 322, 1867; Callender a. Marsh, 1 Pick. 416; Brown v. Lowell, 8 Met. 172; St. Louis v. Gurno, 12 Mo. 414, 1849; Hooker v. New Haven, &c. Company, 14 Conn. 146; Green v. Reading, 9 Watts (Pa.), 382; Mayor, &c. v. Randolph, 4 Watts & Serg. (Pa.) 516; Humes v. Mayor, &c. 1 Humph. (Tenn.)403, 1839; Lafayette v. Bush, 19 Ind. 326; Creal v. Keokuk, 4 G. Greene (Iowa), 47. In Kentucky, ' the right to change the grade without liability to pay damages is not absolute and unqualified: Louisville v. Rolling Mill Company, 3 Bush, 416, 1867. A change of grade is not shown to be illegal by an allegation that it was made without any necessity therefor, because the cotutcil of the city are the judges of the necessity of the change: Macy 1: . Indianapolis, 17 Ind. 267, ...