Dorman v. Turnpike Co.
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Jlllcghany county. The Pittsburgh and Steubenville Turnpike Road Company brought this action against George A. Dorman, the plaintiff in error, for tolls incurred by him whilst a stage proprietor.
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WRIT of error to the court of common pleas of Jlllcghany county. The Pittsburgh and Steubenville Turnpike Road Company brought this action against George A. Dorman, the plaintiff in error, for tolls incurred by him whilst a stage proprietor. The declaration was in assumpsit, and set forth in the first count, that the defendant was indebted in the sum of 600 dollars for tolls and duties due and of right' payable by him to the plaintiffs for the passage of his stages and carriages over the road, which the plaintiffs, by their name of incorporation, repaired and supported; and being so indebted…
1Per curiam
In the Turnpike Company v. Brown, 2 Penns. Rep. 462, it was held, that the law implies no promise to pay tolls for the use of a turnpike; but it was not intimated that an express contract to pay tolls, or any other stipulated sum, is not binding. Such contracts are of daily occurrence; and it would be not only a misconstruction, but highly inconvenient to hold them to be inconsistent with the regulations of the charter. Here a promise is explicitly laid; and whether it were express or implied, being matter of evidence and not of pleading, can not be told from the record, since every promise…
2Cited by2 opinions
- Chestnut Hill Turnpike Co. v. MartinSupreme Court of Pennsylvania · 1849
- Beeler v. Turnpike Co.Supreme Court of Pennsylvania · 1850