Legal Opinion · Dissent

People v. County of Westchester

New York Court of Appeals

Decided March 5, 1940Published

1DissentLewis, J.

I dissent from the decision about to be made which is based upon the conclusion that Hutchinson River Parkway is a public highway for the use of which the exaction of a motor vehicle toll is prohibited by section 54 of the Vehicle and Traffic Law.

It must be admitted at the outset that Hutchinson River Parkway — to which, for convenience, I shall refer as the parkway — is so located and has been so improved that it may be reached at either end and at intermediate points by through motor traffic which formerly may have used the Boston Post ‘Road and other through routes between the city of New…

2Cases cited12 opinions

  1. Adler v. DeeganNew York Court of Appeals · 1929
  2. Huse v. GloverSupreme Court of the United States · 1886
  3. Augustine v. Town of BrantNew York Court of Appeals · 1928
  4. Collentine v. City of New YorkNew York Court of Appeals · 1938
  5. Gautier v. . DitmarNew York Court of Appeals · 1912

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