Conley v. Clay
New York Supreme Court
Appeal from Erie county court. Action by Patrick Conley against Charles C. Clay to recover penalties for wrongfully requiring plaintiff to pay toll to the East Aurora & Spring Brook Plank-Road Company. A judgment of a justice’s court in favor of plaintiff was affirmed by the county court, and defendant appeals. Modified.
1Opinion of the CourtLewis, J.
The defendant was a toll gatherer for the East Aurora & Spring Brook Plank-Road Company, a company incorporated *522in May, 1885, under the laws of the state of New York. As such toll gatherer, the defendant, on three different occasions in the year 1892, required the plaintiff to pay toll as a condition of passing the gate with a team. The plaintiff, claiming that he was exempt from the payment of toll, under section 130 of chapter 566 of the Laws of 1890, entitled “An act in relation to transportation corporations excepting railroads,” brought this action against the defendant in a justice…
2Cited by3 opinions
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Smith v. Capital Gas Co.California Supreme Court · 1901
- Town of Greece v. VickAppellate Division of the Supreme Court of the State of New York · 1908