, high, and light that
the way is substantially as convenient as before for the purpose for
which it was established.[93] And so, in the absence of agreement, he
may maintain such fences across the way as are necessary to enable
him to use his land for agricultural purposes, but he must provide
suitable bars or gates for the use and convenience of the owner of
the way. He is not required to leave it as an open way, nor to
provide swing gates, if a reasonably convenient mode of passage is
furnished; and if the owner of the way or his agents leave the bars
or gates open, and in consequence thereof damage is done by animals,
he is liable to respond in damages.[94] "The law of the road" applies
as well to private as to public ways, as the object of the law is to
prescribe a rule of conduct for the convenience and safety of those
who may have occasion to travel, and actually do travel, with
carriages on a place adapted to and fitted and actually used for
that purpose.[95] The description of a way as a "bridle-road" does
not confine the right of way to a particular class of animals or
special mode of use, but it may be used for any of the ordinary
purposes of a private road.[96]

[86] 14 Mass. 49; 2 Met. 457; 14 Gray, 126.

[87] 12 Mass. 65.

[88] 10 Gray, 65.

[89] Wash, on Ease. *196.

[90] 2 Allen, 543.

[91] 5 Gray, 409; 14 Gray, 473.

[92] Wash, on Ease. *196.

[93] 2 Met. 457.

[94] 31 N. Y 366; 44 N.H. 539; 4 M. & W. 245.

[95] 23 Pick. 201.

[96] 16 Gray, 175.

CHAPTER XVI.

DON'T.

In school, church, and society many things are taught by the
prohibitory don't; and thus many rules of law relating to public and
private ways may be taught and illustrated in the same way. For
instance:--

Don't ever drink intoxicating liquor as a beverage, at least in
large quantities. If you ever have occasion to use it at all, use it
very sparingly, especially if you are travelling or are about to
travel with a team; for if you should collide with another team, or
meet with an accident on account of a defect in the way, in a state
of intoxication, your boozy condition would be some evidence that
you were negligent. The law, however, is merciful and just, and if
you could satisfy the court or jury that notwithstanding your
unmanly condition you were using due care, and that the calamity
happened through no fault of yours, you would still be