Legal Opinion

Fredonia & Sinclearville Plank Road Co. v. Wait

New York Supreme Court

Decided May 17, 1858PublishedCited by 2 opinions

APPEAL by the defendant from a judgment of the Chautauque county court, reversing the judgment of a justice. The facts, and the legal questions arising thereon, sufficiently appear in the opinion of the court,

1Opinion of the Court

By the Court, Marvin, J.

The object of the action was to recover several penalties for passing the gate of the plaintiff without paying tolls, under the act of 1855. (Laws of 1855, p. 874, § 3.) The plaintiff proved its organization in 1852; the construction of the plank road; the erection of the gate; and that the defendant passed it without paying toll, &c. The defendant objected to any evidence of the plaintiff’s possession or construction of the road, until the plaintiff showed, preliminarily, its right to erect the road and to establish its gates. The objection was overruled. It appeared,…

2Cases cited1 opinion

  1. Saunders v. A. & W. WilsonNew York Supreme Court · 1836

3Cited by2 opinions

  1. Doughty v. Kingsley, New York County Courts1910
  2. Little v. . DennNew York Court of Appeals · 1866

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