Dansville & Wayland Plank Road Co. v. Hull
New York Supreme Court
THIS is a case submitted in pursuance of section 372 of the code. The plaintiff sought to recover the penalty of five dollars, given by the second section of chapter 71 of session laws of 1850, and contained in section 55, title first, chapter 18 of part first of the revised statutes.
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THIS is a case submitted in pursuance of section 372 of the code. The plaintiff sought to recover the penalty of five dollars, given by the second section of chapter 71 of session laws of 1850, and contained in section 55, title first, chapter 18 of part first of the revised statutes. The section reads as follows: “Every person who, to avoid the payment of the legal toll, shall, with his team, carriage, or horse, turn out of a turnpike road, or pass any gate thereon, onground adjacent thereto, and again enter on such road, shall for each offense forfeit the sum of five dollars to the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
It is admitted, or stated, in the case agreed upon by these parties, that the defendant, on or about the 1st of August, 1856, after traveling on the plaintiffs’ plank road at its western extremity about 100 rods in the county of Livingston, did, to avoid the payment of the legal toll upon said road, with his team turn out of the said road at a point one mile and twenty rods from the toll-gate thereon, and traveled upon another road to a point' on said plank road 180 rods beyond said toll-gate, at which *511point he again entered upon the plank road of the…
2Cases cited1 opinion
- Carrier v. P. D. & Co.New York Supreme Court · 1820
3Cited by1 opinion
- Canastota & Morrisville Plank Road Co. v. ParkillNew York Supreme Court · 1866