A highway may be a mere footway.
(Tyler v. Sturdy, 108 Mass., 196 .)
Neither the breadth, form, degree of facility, manner of construction, private, corporate,
or public ownership, or source or manner of raising the fund for construction and
maintenance, distinguishes a highway, but the fact of general public right of user for
passage, without individual discrimination, is the essential feature.
A highway right-of-way cannot be established by haphazard, unintentional, or incomplete actions.
[SOUTHERN UTAH WILDERNESS ALLIANCE, and SIERRA CLUB v. BUREAU OF LAND MANAGEMENT, January 6, 2006]