Lehigh Coal & Navigation Co. v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1882, No. 248. This was an action of assumpsit by William D. Brown and Cyrus Lawall, trading as Brown and Lawall, against the Lehigh Coal and Navigation Company, to recover a certain sum of money paid by plaintiffs to the said company as tolls on logs floated down the Lehigh River from points near Stoddartsville to the plaintiffs’ mill at White Haven.
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Error to the Court of Common Pleas of Luzerne county: Of January Term 1882, No. 248. This was an action of assumpsit by William D. Brown and Cyrus Lawall, trading as Brown and Lawall, against the Lehigh Coal and Navigation Company, to recover a certain sum of money paid by plaintiffs to the said company as tolls on logs floated down the Lehigh River from points near Stoddartsville to the plaintiffs’ mill at White Haven. On the trial, before Rice, P. J., the following facts appeared ; By the act of March 20th 1818 (P. L. 202), certain franchises were granted to persons named therein, for the…
1Opinion of the CourtJustice Sterrett
It is conceded the plaintiffs below were not entitled to recover back the amount of tolls paid by them to the Lehigh *345Coal and Navigation Company without proving to the satisfaction of the jury, 1st. That the Navigation Company wrongfully and without authority demanded and collected the tolls in question ; and, 2d. That the payment of the tolls by the plaintiffs was involuntary. If they failed to establish either of these propositions the verdict should have been in favor of the defendant below.
The question involved in the former proposition is presented by the first three specifications of…
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