Kenyon v. Seeley
New York Supreme Court
This was an appeal by the plaintiff'from a judgment of the Monroe county court. The action was commenced before a justice of the peace to recover a penalty of the defendant for taking excessive toll. (See 1 R. S. U ed. 719, §§ 50, (51;) Laws of 1847, p. 231, § 47; Id. p. 352, eh. 287.) The facts, as agreed upon by the counsel for the parties, were briefly these: The defendant was a toll gatherer on the Rochester and Greece plank road, at their west gate.
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This was an appeal by the plaintiff'from a judgment of the Monroe county court. The action was commenced before a justice of the peace to recover a penalty of the defendant for taking excessive toll. (See 1 R. S. U ed. 719, §§ 50, (51;) Laws of 1847, p. 231, § 47; Id. p. 352, eh. 287.) The facts, as agreed upon by the counsel for the parties, were briefly these: The defendant was a toll gatherer on the Rochester and Greece plank road, at their west gate. The road is less than five miles in length, and is laid out over a traveled road. There are two toll gates on said road, at a distance of…
1Opinion of the Court
By the Court, Johnson, J.
The. action was tried before the justice upon a state of facts agreed upon by the parties. The stipulation does not show that the defendant'as toll gatherer demanded or received any thing more, than the legal rate of toll, for the distance the plaintiff had already traveled, and expected to travel, and did in fact afterward travel upon the plank road. The only question raised by the facts agreed upon, is whether a toll gatherer at a gate has the right to exact toll of a traveler before permitting him to pass, for any distance beyond the gate in the direction such…
2Cases cited2 opinions
- Stuart v. RichNew York Supreme Court · 1803
- Mallory v. AustinNew York Supreme Court · 1850