Clark's Run & Salt River Turnpike Road Co. v. Commonwealth
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY — APPEAL FROM BOYLE CIRCUIT COURT. 1. The appellant has the right under its charter to collect tolls at each of the gates near Parksville in the method stated in the pleadings.
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Case 86 — PETITION EQUITY — APPEAL FROM BOYLE CIRCUIT COURT. 1. The appellant has the right under its charter to collect tolls at each of the gates near Parksville in the method stated in the pleadings. (Laws 1847-48, chap. 465, p. 389; Acts 1843-44, chap. 287, p. 57.) 2. The right cl limed under the charter in this respect, and the construction placed upon it by the company in the exercise of that right for more than thirty years, has been acquiesced in by the State and the public, and this interpretation asserted so continuously and uninterruptedly for such length of time, of itself fixes a…
1Opinion of the Court
JUDGE HAZBLRIGG
delivered the opinion of the court.
This action, in the nature of a quo warranto, was brought by the Commonwealth to prevent the exercise of a right claimed by the appellant to maintain certain toll-gates on its road at a distance less than five miles apart. By its answer the appellant justified the erection and maintenance of the gates upon the ground that it had the right to do so by virtue of the provisions of its charter, or if, upon a strict construction of the language, it might not have such right, yet that this right has been exercised continuously for more than thirty…
2Cases cited3 opinions
- United States v. PughSupreme Court of the United States · 1879
- Collins v. HendersonCourt of Appeals of Kentucky · 1874
- Barbour v. City of LouisvilleCourt of Appeals of Kentucky · 1885
3Cited by6 opinions
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- Sewell v. BennettCourt of Appeals of Kentucky · 1920
- Commonwealth v. GregoryCourt of Appeals of Kentucky · 1905
- Kennedy v. Royal HighlandersNebraska Supreme Court · 1922
- People Ex Rel. Beede v. Town of AntiochCalifornia Court of Appeal · 1911
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