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Thoroughfare

street and highway

THOROUGHFARE. A street or way opening at both ends into another street or public highway, so that one can go through and get out of it without returning. It differs from a cut de sac, which is open only at one end.

Whether a street which is not a thorough fare is a highway was held not fully settled ; 1 Ventr. 189. In a case tried in 1790 where the locus in quo had been used as a com mon street for fifty years, but was no thoroughfare, Lord Kenyon held that it would make no difference ; for otherwise the street would be a trap to make people' tres passers; 11 East 375. This decision in sever al subsequent cases was much criticised, though not directly overruled; 5 B. & Ald. 456 ; 1 Camp. 260 ; 4 Ad. & E. 698 ; but was af firmed by the unanimous opinion of the court of queen's bench holding that it is a question for the jury on the evidence, whether a place which is not a thoroughfare is a highway or not ; 14 E. L. & E. 69. And see 28 d. 30.

The United States authorities seem to fol low the English; Danforth v. Durell, 8 Allen (Mass.) 242; People v. Kingman, 24 N. Y. 559 (overruling Holdane v. Trustees, 23 Barb. [N. Y.] 103); Sheaff v. People, 87 Ill. 189, 29 Am. Rep. 49; contra, Simmons v. Mum ford, 2 R. I. 172.

Where a lane originally established as a private way was a cut de sac, it was not in cumbent on the owners of the fee to place obstructions therein or to notify persons using it that the license pursuant to which the travel was first permitted was revocable, the burden was on the users to notify the owners that they claimed an adverse right of use; Bohrnstedt Co. v. Scharen, 60 Or. 349, 119 Pac. 337.

See HIGHWAY ; STREET; CUL DE SAC; WAY.