Mallory v. Austin
New York Supreme Court
This was an appeal by the plaintiff, Mallory, from a judgment of the county court of Oneida county, reversing the judgment of a justice of the peace. The defendant was the keeper of a gate on the Northern Plank Road, which commences at Deerfield corners, in Oneida county and extends north to the town of Boonville, a distance of twenty-one miles.
Read the full summary
This was an appeal by the plaintiff, Mallory, from a judgment of the county court of Oneida county, reversing the judgment of a justice of the peace. The defendant was the keeper of a gate on the Northern Plank Road, which commences at Deerfield corners, in Oneida county and extends north to the town of Boonville, a distance of twenty-one miles. There were three gates on this road, and the toll at each gate, prescribed by the board of directors, was ten cents for a vehicle drawn by two animals. The gate kept by the defendant was two miles north of the southern extremity of the road, and one…
1Opinion of the Court
By the Court, Gridley J.
By the 35th section of the general plank road act (Laws of 1847, p. 226) the Northern Plank Road Company was authorized “ to erect one or more toll gates upon their road, but not within three miles of each other, and to demand and receive toll, not exceeding one and a half cents per mile for any vehicle drawn by two animals,” &c. Under this act, the appellant insists that the company can not receive, in any case, over a cent and a half per mile for the distance actually travelled upon the road, without incurring the penalty prescribed by law for exacting excessive…
2Cases cited2 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Stuart v. RichNew York Supreme Court · 1803
3Cited by1 opinion
- Kenyon v. SeeleyNew York Supreme Court · 1853