ament or
utility in a street, road, square, court, park, or public garden, or
carelessly to suffer a horse or other beast driven by or for him, or
a beast belonging to him and lawfully on the highway, to break down
or injure a tree, not his own, standing for use or ornament on said
highway.[30] And no one, even if he be the owner of the land, has the
right to cut down or remove an ornamental or shade tree standing in
a public way, without first giving notice of his intention to the
municipal authorities, who are entitled to ten days to decide
whether the tree can be removed or not. And whoever cuts down or
removes or injures such tree in violation of the law shall forfeit
not less than five nor more than one hundred dollars for the benefit
of the city or town wherein the same stands.[31]

[30] Pub. St. c. 54, Secs. 7, 8.

[31] Pub. St. c. 54, Secs. 10, 11.

CHAPTER IX.

PUBLIC USE OF HIGHWAYS.

After the roads are ready for use and beautified by shade trees and
green parks at convenient places, we are confronted with the
question, How are they to be used by the public and the owners of
adjoining estates? We, as a people, are not only continental and
terrestrial travellers, but we are continually passing hither and
thither over the public ways of this State, and consequently it is
important for us to know how to travel the common roads in a legal
and proper manner.

In the first place, every one who travels upon a public thoroughfare
is bound to drive with due care and discretion, and to have an
ordinarily gentle and well trained horse, with harness and vehicle
in good roadworthy condition, as he is liable for whatever damages
may be occasioned by any insufficiency in this respect.[32]

[32] 4 Gray, 178.

Another duty which every traveller is bound to observe is to drive
at a moderate rate of speed. To drive a carriage or other vehicle on
a public way at such a rate or in such a manner as to endanger the
safety of other travellers, or the inhabitants along the road, is an
indictable offence at common law, and amounts to a breach of the
peace; and in case any one is injured or damaged thereby, he may
look to the fast driver for his recompense. But it does not follow
that a man may not drive a well-bred and high-spirited horse at a
rapid gait, if he does not thereby violate any ordinance or by-law
of a town or city; for it has been held that it cannot be said, as
matter of law, that a