Cummings v. Waring
New York Supreme Court
ACTION brought by the plaintiff in a justice’s court, against the defendant as gate-keeper on the Rochester and Webster plank road, for penalties incurred in demanding and receiving tolls of the plaintiff for passing the gate; he claiming to he exempt from toll. The plaintiff was a farmer residing upon his farm, consisting of about ninety acres, in the town of Irondequoit, about a quarter of a mile west of the defendant’s toll-gate.
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ACTION brought by the plaintiff in a justice’s court, against the defendant as gate-keeper on the Rochester and Webster plank road, for penalties incurred in demanding and receiving tolls of the plaintiff for passing the gate; he claiming to he exempt from toll. The plaintiff was a farmer residing upon his farm, consisting of about ninety acres, in the town of Irondequoit, about a quarter of a mile west of the defendant’s toll-gate. He also owned and worked another parcel of land, east of the gate, consisting of about seventeen acres, which was entirely separate and about a quarter of a mile…
1Opinion of the Court
By the Court,
James C. Smith, J.
The question in this case is whether the plaintiff was by law exempt from the payment of the tolls demanded by the defendant. The provision of the statute under which he claims exemption is in these words: “Farmers living on their farms, within one mile of any gate, by the most usually traveled road, shall be permitted to pass the same free of toll, when going to or from their work on said farms.” (Laws of 1851, ch. 107, § 1, sub. 6.) The plaintiff owned, and lived upon, a parcel of land of ninety acres; west of the gate at which the tolls were demanded, and…
2Cases cited2 opinions
- Commonwealth v. CarmaltSupreme Court of Pennsylvania · 1810
- President of Newburgh & Cochecton Turnpike Co. v. BelknapNew York Supreme Court · 1819
3Cited by1 opinion
- Van Buren v. WylieMichigan Supreme Court · 1885