In what circumstances will the court apply the rule of common law to public highways?

MultiRegion, United States of America

The following excerpt is from Sunset Tel. & Tel. Co. v. City of Pomona, 164 F. 561 (9th Cir. 1908):

In St. Louis v. Western U. Tel. Co., 148 U.S. 92, 100, 13 Sup.Ct. 485, 488, 37 L.Ed. 380, the court, in unequivocal terms, applies the same rule to public highways, as follows (underscoring mine):

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