President of Susquehannah & Bath Turnpike Road Co. v. People
New York Supreme Court
Error from the Tompkins general sessions. The turnpike road company were indicted for a nuisance in suffering a part of their road in the county of Tompkins to be out of repair. The indictment alleged that the road was very ruinous, miry, broken, uneven, narrow, contracted, covered with loose stones, and in very great decay, and the bridges and causeways thereon ruinous, decayed and broken down for want of due reparation and amendment.
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Error from the Tompkins general sessions. The turnpike road company were indicted for a nuisance in suffering a part of their road in the county of Tompkins to be out of repair. The indictment alleged that the road was very ruinous, miry, broken, uneven, narrow, contracted, covered with loose stones, and in very great decay, and the bridges and causeways thereon ruinous, decayed and broken down for want of due reparation and amendment. The defendants were found guilty, and a fine was imposed upon them of $$ 250. The company sued out a writ of error. The cause was submitted on written…
1Opinion of the Court
*268 By the Court,
Bronson, J.
Two grounds of error are aL jegecj. Birst, that the company was not liable to be proceeded against by indictment; and Second, that the court below exceeded its jurisdiction in the amount of the fine imposed, J
ml , , • . , . That those who are bound to repair a road may, in general, indicted at the common law for suffering it to fall into decay, is not denied on the part of this corporation ; but they insist that their charter has provided another remedy for the evil, and consequently that they are not subject to indictment. The company was incorporated in 1804,3 Laws…
2Cited by4 opinions
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- President of Waterford v. PeopleNew York Supreme Court · 1850
- Hartford Bridge Co. v. Town of East-HartfordSupreme Court of Connecticut · 1844
- State v. Morris & Essex RailroadSupreme Court of New Jersey · 1852