463 ; 4 Day, Conn. 228 ; 13 N. II. 381 ; Mete. Mass. 266 ; 2 R. I. 508; 2 Sandf. N. Y. 234; 2 Whart. Penn. 18. Whenever the high way is abandoned or lost, the owner of the soil recovers his original unincumbered do minion. Angell, Highw.; 4 Mass. 429 •' 6 Pet. 498, 513; 8 Watts. Penn. 172; 15 Johns. N. Y. 447..
5. In England, the inhabitants of the several parishes are prima facie bound to repair all highways lying within them, unless by prescription or otherwise they can throw the burden upon particular persons. Shel ford. Highw. 44; 1 Hawkins, Pl. Cr. 76; 5 Burr. 1700; 12 Mod. 409. In this country, the English parochial system being unknown, this feature of the common law does not pre vail. The liability to repair is here deter mined by statute, and, in most of the states, devolves upon the towns. 8 Barb. N. Y. 645 ; 13 Pick. Mass. 343; 1 Humphr. Tenn. 217. The liability being thus created, its measure is likewise to be ascertained by sta tute, the criterion being, generally, safety and convenience for travel, having reference to the natural characteristics of the road and the public needs. Angell, Highw. 259; 2 Woodb. & M. C. C. 337; 19 Vt. 470; 4 Cush. Mass. 307, 365; 14 Me. 198. Fur neglect to repair, the parish in England, and in this country the town or body chargeable, is in dictable as for a nuisance, 2 Wms. Saund. 158, n. 4; 3 Term, 265 ; 28 N. H. 195 ; An gell, Highw. 275, and, in many states, is made liable, by statute, to an action on the case for damages in favor of any person who may have suffered special injury by reason of such neglect. 17 How. 161; 3 Cush. Mass. 174; 22 Penn. St. 384; 31 Me. 299 ; Angell, Highw. 4 286. The duty of repair may, in this country, rest on an individual to the ex clusion of the town, 23 Wend. N. Y. 446, or on a corporation who, in pursuance of their charter, build a road, and levy tolls for the expense of maintaining it. 7 Conn. 86. The taking of toll is prima facie evidence of the duty. 1 Hawks, No. C. 451.
6. Any act or obstruction which unneces sarily incommodes or impedes the lawful use of a highway by the public, is a common-law nuisance, 4 Stephen, Comm. 294; 1 Haw
kins, Pl. Cr. c. 70; Angell, IIighw. 345, and may be abated by any one whose passage is thereby obstructed, Angell, Highw. 274 ; 3 Stephen, Comm. 5; 5 Coke, 101 ; or the person causing or maintaining the same may be indicted, 1 Hawkins, Pl. Cr. c. 76 ; 2 Saund. 158, 159, note ; 7 Hill, N. Y. 575 ; 13 Mete. Mass. 115; or may be sued for damages in an action on the case by any one specially injured thereby. Coke, Litt. 55 a; 2 Bingh. 263; 1 Binn. Penn. 463; 7 Cow. N. Y. 609 -, 19 Pick. Mass. 147 ; Angell, Highw. 285 et seq.
It is the duty of travellers upon highways, for the purpose of avoiding collision and acci dent, to observe due care in accommodating themselves to each other. To subserve this purpose, it is the rule in England that, in meeting, each party shall bear or keep to the left ; and in this country the reverse,—that is, to the right. 2 Stephen, Nisi P. 984; Story, 599 ; 2 Dowl. & R. 255. This rule, however, may and ought to be varied, where its observance would defeat its purpose. 8 Carr. & P. 103 ; 12 Mete. Mass. 415 ; 23 Penn. St. 196. The rule does not apply to trians and foot-passengers. 24 Wend. N. Y. 465 ; 2 D. Chipm. Vt. 128 ; 8 Carr. & P. 373, 69L It is another rule that travellers shall drive only at a moderate rate of speed, furious driving Cu a thronged thoroughfare being an indictable offence at common law. 1 Pet. 590 ; 13 id. 181 ; 8 Carr. & P. 694. In case of injury by reason of the nonobservance of these rules or of other negligence, as by the use of unsuitable • carriages or harness, or hurses imperfectly trained, the injured party is entitled to recover his damages in an action on the case against the culpable party, unless the injury be in part attributable to his own neglect. Angell, Highw. 345 et seq; 2 Taunt. 314; Mass. 345; 11 East., 60; 15 Conn. 359 ; 5 Watts &S. Penn. 544; 5 Carr. & P. 379 ; 6 Cow. N. Y. 191; 19 Wend. N.Y. 399. And see BRIDGE; TURNPIKE; ROAD; CANAL; FERRY; RIVER; STREET; WAY.