Stuart v. Rich
New York Supreme Court
JNerror on certiorari. The plaintiff was a toll gatherer at one of the gates erected under the adt passed the 15th of March, 1799, intitled, r e « An adt to establish a turnpike corporation, for improving “ the state road from the house of John Weaver, in Water “ Vliet to Cherry Valley,” incorporating the first company of the great western turnpike road.
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JNerror on certiorari. The plaintiff was a toll gatherer at one of the gates erected under the adt passed the 15th of March, 1799, intitled, r e « An adt to establish a turnpike corporation, for improving “ the state road from the house of John Weaver, in Water “ Vliet to Cherry Valley,” incorporating the first company of the great western turnpike road. By a clause in the 10th sedtion of the law recited, it is provided that no gates or turnpikes (except a turnpike on a bridge before mentioned) shall be eredted at a distance, less than ten miles from each other. The 11th sedtion enadts, «…
1Per curiam
Delivered by Kent, justice. This is a
cause on certiorari from a justice’s judgment. The plaintiff is toll gatherer at one of the gates of the first company of the western turnpike road, and the suit below was upon the 15th sedion of the act, R. L, vol. 2, p. 395. The question submitted is, as to the true construdion of the 11th sedion of the ad, p. 393. The gates on that road, except the one upon the Schoharie bridge, are all required to be not less than ten miles from each other, and the 11th sedion gives the toll therein established for any number of miles not less than ten in length of…
2Cited by6 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- President of the Baltimore & Fredericktown Turnpike Co. v. RoutzahnCourt of Appeals of Maryland · 1883
- Mallory v. AustinNew York Supreme Court · 1850
- McAllister v. Albion Plank Road Co.New York Supreme Court · 1852
- Kenyon v. SeeleyNew York Supreme Court · 1853
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