Sprague v. Birdsall
New York Supreme Court
judgment for the plaintiff for 25 cents, with costs On certiorari to a Justice’s Court. Assumpsit in the Court below, by Birdsall against Sprague, for money had and received. The plaintiff crossed Cayuga Lake on the ice, with his own sleigh. He commenced crossing within about 6 miles of the Cayuga Bridge, aud crossed in a direction which brought him off of the lake within about 60 rods of the bridge.
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judgment for the plaintiff for 25 cents, with costs On certiorari to a Justice’s Court. Assumpsit in the Court below, by Birdsall against Sprague, for money had and received. The plaintiff crossed Cayuga Lake on the ice, with his own sleigh. He commenced crossing within about 6 miles of the Cayuga Bridge, aud crossed in a direction which brought him off of the lake within about 60 rods of the bridge. The defendant, who was toll gatherer at the bridge, demanded 25 cents toll of the plaintiff, which he paid. Verdict and
1Opinion of the Court
Curia, per Savage, Ch. J.
The Cayuga Bridge Company was incorporated March 28, 1797, to continue for 25 years. On the 1st March, 1799, the act of incorporation was amended. The duration of the company was extended to 75 years; and the 2d section enacts that it shall not be lawful for any person or persons to erect anv bridge, or i,-i ,. „ , ’ establish any ferry or ferries, within d miles of the place where the bridge shall be erected by the company; neither *420shall it be lawful for any person or persons to cross the lake after the bridge is completed, within 3 miles thereof, with? out paying to…
2Cited by21 opinions
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- Hayes v. . DavidsonNew York Court of Appeals · 1885
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