STREET. A public thoroughfare or highway in a city or village. 4 Serg. & R. Penn. 106 ; 11 Barb. N. Y. 399. See Hum way..
2. A street, besides its use as a highway for travel, may be used for the accommoda tion of drains, sewers, aqueducts, vvater- and gas-pipes, lines of telegraph, and for other purposes conducive to the general police, sani tary and business interests, of a city. 10 Barb. N. Y. 26, 360 ; 15 id. 210 ; 17 id. 435 ; 2 R. I. 15. A street may be used by indi viduals for the lading and unlading of car riages, for the temporary deposit of movables or of materials and scaffoldings for building or repairing, provided such use shall not unreasonably abridge or incommode its pri mary use for travel. 6 East, 427 ; 3 Campb. 230 ; Hawkins, Pl. Cr. c. 76, s. 49 ; 4 Ad. & E. 405 ; 4 Iowa, 199 ; 1 Den. N. Y. 524 ; 1 Serg. & R. Penn. 219. So a sidewalk which is part of a street may be excavated for a cellar, pierced by an aperture for the admission of light, or overhung by an awn ing. But if the highwaybecomes more un safe and a passenger is injured by reason thereof, the individual so using the street will be responsible for the damages. 18' N. Y. 79-84 ; 4 Carr. & P. 262 ; 23 Wend. N. Y. 446 ; 3 Cush. Mass. 174 ; 6 id. 524 ; 13 Mete. Mass. 299. But an individual has no right to have an auction in a street, 13 Serg. & R.
Penn. 403, or to keep a crowd of carriages standing therein, 3 Carapb. 230, or to attract a disorderly crowd to witness a caricature in a shop-window. 6 Carr. & P. 636. Such an act constitutes a nuisance. Angell, High. c. 6.
3. The owners of lands adjoining a street are not entitled to compensation for damages occasioned by a change of grade or other lawful alteration of the street, 4 Term, 794 ; 2 Barnew. & A. 403 ; 1 Pick. Mass. 417 ; 4 N. Y. 195 ; 18 Penn. St. 87 ; 14 Mo. 20 ; 2 R. I. 154 ; 6 Wheat. 593 20 How. 135, un less such damages result from a want of due skill and care or an abuse of authority. 3 Wile. 461 ; 5 Barnew. & Ald. 837 ; I Sundt N. Y. 22 ; 16 N. Y. 158, and note.
Under the statutes of several of the states, assessments are levied upon the owners of lots specially benefited by opening, widening, or improving streets, to defray the expense thereof ; and such assessments have been ad judged to be a constitutional exercise of the taxing povrer. 4 N. Y. 419 ; 8 Wend. N. Y. 85 ; 18 Penn. St. 26 ; 21 id. 147 ; 3 Watts, Penn. 293 ; 23 Conn. 189 ; Gill, Md. 383 ; 27 Mo. 209 ; 4 R. I. 230 ; Angell, Highways, e. 4.