Tippets v. Walker
Massachusetts Supreme Judicial Court
This action was covenant broken. Upon oyer prayed of the deed declared on, it appeared to be an agreement made between the defendants, a committee appointed by the direction of the Middlesex Turnpike Corporation, to contract for making the turnpike road, or any part of it, on the one part, and the plaintiff on the other part. The plaintiff agrees with the said committee to make a part of the said turnpike there defined, and in the manner there described.
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This action was covenant broken. Upon oyer prayed of the deed declared on, it appeared to be an agreement made between the defendants, a committee appointed by the direction of the Middlesex Turnpike Corporation, to contract for making the turnpike road, or any part of it, on the one part, and the plaintiff on the other part. The plaintiff agrees with the said committee to make a part of the said turnpike there defined, and in the manner there described. And the said committee agree to make the several payments to their plaintiff there mentioned while the work is in execution, and when the…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
When a turnpike corporation is created, it has power to make a road over the land of others, paying the owners for the easement; or they may purchase the soil with the consent of the owners, which, however, is not frequently done. When the road is made, the corporation is entitled to demand and receive a toll of travellers for the use of it, in trust for the members of the corporation, in proportion to their respective shares. The property of every member is a right to receive a proportional part of the toll, which *524is considered as…
2Cited by41 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Button v. HoffmanWisconsin Supreme Court · 1884
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Randall v. Van VechtenNew York Supreme Court · 1821
- White v. SkinnerNew York Supreme Court · 1816
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