Section 319. Obstructions and their removal  


Latest version.
  • 1. Obstructions, within the
      meaning of this section, shall include trees which have been cut or have
      fallen either on adjacent lands or within the bounds of the highway,  in
      such a manner as to interfere with public travel therein; limbs of trees
      which  have  fallen within the highway, or branches of trees overhanging
      the highways so as to interfere with public travel therein; lumber, wood
      or logs piled  within  the  bounds  of  the  public  highway;  machines,
      vehicles and implements abandoned or habitually placed within the bounds
      of the highway; fences, buildings or other structures erected within the
      bounds  of  the  highway;  earth,  stone or other material placed in any
      ditch or waterway along the highway; telegraph, telephone,  trolley  and
      other  poles,  and  the  wires  connected  therewith, erected within the
      bounds of the highway in such a manner as to interfere with the  use  of
      the highway for public travel.
        2.  It  shall  be  the duty of each owner or occupant of lands situate
      along the highway, to remove all obstructions within the bounds  of  the
      highway,  which have been placed there, either by themselves or by their
      consent. It shall be the duty  of  all  telephone,  telegraph,  electric
      railway  and  other electrical companies, to remove and reset telephone,
      telegraph, trolley and other poles and the  wires  connected  therewith,
      when  the  same constitute obstructions to the use of the highway by the
      traveling public. If temporary obstructions such as trees, lumber, wood,
      logs, machinery, vehicles  and  similar  obstructions  are  not  removed
      within forty-eight hours after the service of a notice, personally or by
      mail,  upon  such owner or occupant, requesting the same to be done, the
      town superintendent shall remove  such  obstruction.  And  if  permanent
      obstructions, including, among others, telegraph, telephone, trolley and
      other  poles  and  wires  connected  therewith,  are not moved and reset
      within thirty days, the town superintendent shall move  and  reset  such
      poles and wires. The expense thereby incurred shall be paid in the first
      instance  out of moneys levied and collected and available therefor, and
      the amount thereof shall be charged  against  such  owner,  occupant  or
      company,  and  levied  and collected, as provided in section one hundred
      and fifty-seven.