Legal Definition and Related Resources of Thoroughfare

A carriageway, horseway, footway or navigable river used by the public ; a passage through; an unobstructed way open to the public; a public road or street open at both ends; especially a street or way through which there is much passing. See Watts v Colonial Sand and Stone Inc., 316 N. Y.S. 2d 482, 64 Misc.2d889.

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 cul de sac, which is open only at one end. Whether a street which is not a thoroughfare is a highway seems not fully settled. 1 Vent. 189; 1 Hawk. P. C. c. 76, i 1. In a case tried in 1790, where the locus in quo had been used as a common 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 trespassers. 11 East, 375. This decision in several subsequent cases was much criticised, though not directly overruled. 6 Taunt. 126; 5 Barn. & Aid. 456: 3 Bing. 447; 1 Campb. 260; 4 AdoL & E. 698. But in a later English case the decision of Lord Kenyon was aflirmed by the unanimous opinion of the court of queen’s bench. The doctrine established in the latter case is 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 Eng. Law & Eq. 69. And see 28 Eng. Law & Eq. 30. In the United States there are but few cases in which this question has been discussed; though in Rhode Island it has been determined that a street terminating upon private land, and extending neither to another way, a mill, a market, nor other public place, is incapable of dedication to the public as a highway. 2 R. I. 172. And a similar decision has been made in New York. 23 N. Y. 103. And see 23 N. H. 331; 7 Johns. (N. Y.) 106.

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Thoroughfare in Historical Law

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This definition of Thoroughfare is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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See Also

• Road
• Street
• Way