Legal Opinion

President, Managers & Co. v. Routzahn

Court of Appeals of Maryland

Decided March 10, 1886Published

Appeal from the Circuit Court for Frederick County. This was a suit by the appellant to recover tolls for the use of its road hy the appellee. The particular gate, being No. 9, was on that part of the road which lies between Frederick and Middletown. The appellee was a mail-carrier between these places, using the road daily, and the arrangement was for the gate-keeper to charge the foils and collect them at the end of each month.

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Appeal from the Circuit Court for Frederick County. This was a suit by the appellant to recover tolls for the use of its road hy the appellee. The particular gate, being No. 9, was on that part of the road which lies between Frederick and Middletown. The appellee was a mail-carrier between these places, using the road daily, and the arrangement was for the gate-keeper to charge the foils and collect them at the end of each month. He failed, however, to pay any tolls from the 1st of March, 1881, to the 15th of February, 1882, when this action was instituted to recover them. At the trial of…

1Opinion of the Court

Miller, J.,

delivered the opinion .of the Court.

This appeal is from a pro forma ruling and judgment rendered in the new trial awarded by this Court upon the reversal of the judgment in the case reported in 61 Md., 37.

The question presented is, what'amount of toll is the Turnpike Company entitled to charge and collect at the ninth gate on its road, counting from Baltimore City westward ? A plat of the road was offered in evidence, which it was agreed truly represented the gates as now located from Baltimore westward to the tenth gate, and the amount of tolls charged and collected at each. It is…

2Cases cited1 opinion

  1. President of the Baltimore & Fredericktown Turnpike Co. v. RoutzahnCourt of Appeals of Maryland · 1883

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