St. 1884, c. 306.

The public has a right to occupy the highway for travel and other
legitimate purposes, and to use the soil, the growing timber, and
other materials found within the space of the road, in a reasonable
manner, for the purpose of making and repairing the road and the
bridges thereon.[67] But the public cannot go upon the land of an
adjoining owner without his consent, to remove stones or earth, to
repair a bridge or the highway; and if in consequence of such
removal the land is injured, by floods or otherwise, he can recover
damages therefor.[68] He is not obliged to build or maintain a road
fence, except to keep his own animals at home, but if he does build
a fence he must set it entirely on his own land; and likewise, if a
town constructs an embankment to support a road or bridge, it must
keep entirely within the limits of the highway, for if any part of
the embankment is built on his land he can collect damages of the
town.[69] He may carry water-pipes underground through the highway,
or turn a watercourse across the same below the surface, provided he
does not deprive the public of their rights in the way.[70] From the
time of Edward IV. it has been the settled law that the owner of the
soil in the highway is entitled to all the profits of the freehold,
the grass and trees upon it and the mines under it. He can lawfully
claim all the products of the soil and all the fruit and nuts upon
the trees. He may maintain trespass for any injury to the soil or to
the growing trees thereon, which is not incidental to the ordinary
and legitimate uses of the road by the public. His land in the
highway may be recovered in ejectment just the same as any of his
other land. No one has any more right to graze his highway land than
his tillage land.[71] He may cut the hay on the roadside, gather the
fruit and crops thereon, and graze his own animals there; and the
by-laws of the cities and towns preventing the pasturing of cattle
and other animals in the highway are not to affect his right to the
use of land within the limits of the road adjoining his own
premises.[72]

[67] 15 Johns, 447.

[68] 107 Mass. 414.

[69] 4 Gray, 215; 136 Mass. 10.

[70] 6 Mass. 454.

[71] 16 Mass. 33; 8 Allen, 473.

[72] Pub. St. c. 53, Sec. 10.

It is not one of the legitimate uses of the highway for a traveller
or a loafer to stop in front of your house to abuse you with
blackguardism, or to