Legal Opinion

Carrier v. P. D. & Co.

New York Supreme Court

Decided May 15, 1820PublishedCited by 2 opinions

IN ERROR on certiorari to a Justice’s Court. The Turnpike Company, sued Carrier, before a justice, for five dollars °f debt, and declared, for that whereas the defendant travelled with a horse in the town of Sharon, in the County ^c/iofome, on the turnpike of the Company, and turned off the road, to pass one of the gates on the road, and again éntered on the said road, with intent to defraud the said Company of the toll due to them, &c.; and also that the defendant,…

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IN ERROR on certiorari to a Justice’s Court. The Turnpike Company, sued Carrier, before a justice, for five dollars °f debt, and declared, for that whereas the defendant travelled with a horse in the town of Sharon, in the County ^c/iofome, on the turnpike of the Company, and turned off the road, to pass one of the gates on the road, and again éntered on the said road, with intent to defraud the said Company of the toll due to them, &c.; and also that the defendant, heretofore, travelled in the town of Sharon, on said Turnpike, with a drove of cattle, and turned off, to pass one of the gates…

1Opinion of the Court

Spencer, Ch. J.

delivered the opinion of the Court. The act (3 Webs. ed. Laws, 137. sess. 25. ch. 113. s. 7.) provides, “ that if any person, with his team, cattle, &c. shall, after travelling said road, with intention of defrauding said company, by avoiding the payment of the toll due by virtue of this act, such person shall forfeit the sum of five dollars, to he recovered,” &c.

It can never enter into consideration, that in turning off the turnpike, after having travelled it, and again entering upon it, it was by travelling an old road. The act in guarding against teams doing so, must have…

2Cited by2 opinions

  1. Canastota & Morrisville Plank Road Co. v. ParkillNew York Supreme Court · 1866
  2. Dansville & Wayland Plank Road Co. v. HullNew York Supreme Court · 1858

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