Boyer v. Burton
Oregon Supreme Court
From Tillamook: Harry H. Belt, Judge. This is an action by John W. Boyer, and M. C. Boyer against J. M. Burton. From a judgment in favor of plaintiffs, defendant appeals, and plaintiffs file cross-appeal. Defendant files motion to dismiss the plaintiff’s cross-appeal.
1Opinion
*664Reversed March 28, 1916.
On the Merits.
(156 Pac. 281.)
Department 2. Statement by Mr. Justice Harris.
The plaintiffs are attempting to recover tolls from tbe defendant who traveled over a toll-road and refused to pay any tolls because the road had not been maintained in the manner stipulated in the franchise. The County Court of Tillamook County leased a public road to John "W. Boyer and M. O. Boyer, who agreed in writing to enter into possession of the road, to keep it in good traveling condition for teams and wagons at all seasons of the year, to clear the road of all standing brush and timber…
2Cases cited11 opinions
- Truckee & Tahoe Turnpike Road Co. v. CampbellCalifornia Supreme Court · 1872
- Hackett & Multnomah Ry. Co. v. Wilson & MontgomeryOregon Supreme Court · 1885
- Centre Turnpike Co. v. SmithSupreme Court of Vermont · 1840
- Canal Street Gravel-Road Co. v. PaasMichigan Supreme Court · 1893
- Montgomery v. Multnomah Railway Co.Oregon Supreme Court · 1884
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