Legal Opinion

Porter v. Dawson Bridge Co.

Supreme Court of Pennsylvania

Decided October 2, 1893No. Appeal, No. 387PublishedCited by 4 opinions

Appeal, No. 387, Jan. T., 1893, by defendant, from judgment of C. P. Fayette Co., June T., 1891, No. 200, on verdict for plaintiff, Samuel E. Porter. Assumpsit for penalties for overcharges of toll.

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Appeal, No. 387, Jan. T., 1893, by defendant, from judgment of C. P. Fayette Co., June T., 1891, No. 200, on verdict for plaintiff, Samuel E. Porter. Assumpsit for penalties for overcharges of toll. At the trial, before Inghram, P. J., it appeared that plaintiff was a resident of tlie town of Vanderbilt, and that he ran a hack or omnibus line from that town to the town of Dawson to connect with the Baltimore and Ohio Railroad, and that, in doing so, he was compelled to pass over defendant’s bridge. Between Feb. 4, and April 4, 1891, he carried 579 passengers over the bridge, and was charged…

1Opinion of the Court

Opinion by

Mr. Justice Green,

On February 9, 1891, the defendant demanded and collected from the plaintiff $9.54; on February 24th, $42.03 ; on March 9th, $42.92; on March 25th, $40.10; and on April 7th, $38.49, for tolls due for driving over the defendant’s bridge, with a two or a four horse vehicle, at various times preceding those several dates.

It was alleged by the plaintiff that there were in the aggregate 579 several acts of driving over the bridge, and that at each of those drivings there were passengers in the vehicles, for each of whom, also, a foot passenger’s toll of two cents was…

2Cases cited4 opinions

  1. Sturgis v. . SpoffordNew York Court of Appeals · 1871
  2. Friedeborn v. CommonwealthSupreme Court of Pennsylvania · 1886
  3. Washburn v. M'InroyNew York Supreme Court · 1810
  4. Central Railroad Co. of New Jersey v. GreenSupreme Court of Pennsylvania · 1878

3Cited by4 opinions

  1. Geffen v. Baltimore Markets, Inc.Supreme Court of Pennsylvania · 1937
  2. Bergner & Engel Brewing Co. v. KoenigSuperior Court of Pennsylvania · 1906
  3. Commonwealth v. MillerWestmoreland County Court of Quarter Sessions · 1948
  4. Commonwealth v. SmithCentre County Court of Quarter Sessions · 1963

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