Citation

Beuscher JH. Highw. Res. Board bull. 1956; 113: 66-77.

Copyright

(Copyright © 1956, National Research Council (U.S.A.), Highway Research Board)

DOI

unavailable

PMID

unavailable

Abstract

Court cases are discussed on a roadside use on private lands along a highway which directly interferes with the safety and convenience of highway users. The following three lines of reasoning are observed: (1) property law duties of the roadside owner, (2) the public (highway) nuisance, and (3) continuing negligent or intentional tort by a roadside owner is enjoinable. These three lines of reasoning show a basic duty by an abutting owner to do nothing on his land which will interfere with free and safe passage on the highway. Cases cited clearly establish this basic principle.