Legal Opinion
Mallory v. Saratoga Lake Bridge Co.
New York Supreme Court
Decided March 15, 1907PublishedCited by 5 opinions
Actio h for injunction restraining the defendant from imposing toll for the passage of automobiles over its bridge.
1Opinion of the CourtSpencer, J.
The defendant is a domestic corporation, incorporated under chapter 64, Laws of 1854, pursuant to which it has constructed and is maintaining a toll bridge across Saratoga lake. A public highway passes over the bridge. On the 10th of June, 1906, the plaintiff essayed to *447pass by means of an automobile and was not allowed, except by the payment of a toll of twenty-five cents. The plaintiff brings this action to restrain the defendant from the collection of toll, claiming a free passage for himself and automobile.
If we regard the defendant’s bridge as a public highway, and I see no escape from…
2Cases cited3 opinions
- Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
- Thompson v. MatthewsNew York Court of Chancery · 1834
- Conklin v. EltingNew York Supreme Court · 1807
3Cited by5 opinions
- Turner v. EslickTennessee Supreme Court · 1921
- Whitney v. WelnitzSupreme Court of Minnesota · 1922
- Peru Turnpike Co. v. Town of PeruSupreme Court of Vermont · 1917
- Proprietors of the Cornish Bridge v. FittsSupreme Court of New Hampshire · 1919
- McMullen v. ShieldsMontana Supreme Court · 1934