Also known as: public highways · public road
Written by attorneys · grounded in primary & secondary sources — see below
A roadway or street maintained by governmental authorities for general public use. Travelers on such a route enjoy privileges to enter adjacent land when reasonably necessary to continue a journey or to use the route itself.
Preston Pratt stood on the shoulder of a public highway when an activist group blocked his path to a construction site. Pratt used limited physical force to move the activists aside after determining that waiting for a court order would cause substantial contractual penalties. The court evaluated whether the force threatened serious bodily harm under the circumstances of the public roadway setting.
Pilar Pena walked along a paved street inside a privately owned town that connected directly to a four-lane public highway. When the company owner attempted to bar her from using the street for shopping, she claimed the route functioned as a public highway open to all. The court examined whether the private street had become indistinguishable from a public highway for First Amendment purposes.
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Penelope Price and fellow union members stood on the public highway shoulder adjacent to a shopping plaza to distribute leaflets. The plaza owner sought an injunction claiming the shoulder was not a traditional public forum. The court assessed whether the public highway location preserved the picketers' rights to engage in labor speech.
Paige Porter's railroad company faced condemnation proceedings when the city sought to open a new street across its tracks. The city argued the crossing constituted part of a public highway necessary for safe travel. The court determined the compensation due for the portion of the right-of-way taken for the public highway.
Pamela Phillips filed a complaint alleging that a motorist negligently drove a vehicle against her while she crossed a public highway called Main Street. The defendant moved to dismiss for lack of factual detail. The court considered whether the bare allegation of negligent driving on the public highway satisfied federal pleading standards.
Phoebe Park purchased a new sedan from a dealer and later experienced brake failure while driving on a public highway under ordinary conditions. She sued the manufacturer claiming breach of the implied warranty of merchantability for ordinary highway use. The court evaluated whether the warranty extended to the vehicle's fitness for travel on public highways.
A public highway is controlled and maintained by governmental authorities for general public use, whereas a private road is not. Travelers enjoy specific privileges to enter adjacent land when the public highway becomes impassable or to accomplish reasonable use of the route itself.
A possessor is not liable for harm caused by failure to keep the highway in safe condition unless the possessor created or maintained an artificial condition on the highway for its sole benefit. Liability arises only for structures or conditions the possessor placed or maintained after dedication of the highway.
A traveler who reasonably believes the public highway is impassable may enter neighboring land to a reasonable extent and in a reasonable manner to continue the journey. The privilege does not apply if the traveler caused the impassability or had a reasonable opportunity to avoid the route.
A public highway shoulder functions as a traditional public forum where speech on matters of public concern receives heightened protection. Peaceful protest activity on such land generally cannot support tort liability for intentional infliction of emotional distress based solely on offensive content.
…personal injuries. Such a disclaimer is inimical to the public good. The manufacturer knows that the car will be driven on the public highways. He knows that if the car is defective it may cause serious injury to the occupants. He is in a better position to bear the risk of injury than is the ultimate consumer. The risk of injury…