Russell v. Muldraugh's Hill, Campbellsville & Columbia Turnpike Road Co.
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL FROM TAYLOR CIRCUIT COURT. A turnpike road company, whose charter gives it a summary remedy for collecting its tolls by stopping the traveler, can not allow him to pass without opposition or demand and then sue for the tolls.
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Case 13 — PETITION EQUITY APPEAL FROM TAYLOR CIRCUIT COURT. A turnpike road company, whose charter gives it a summary remedy for collecting its tolls by stopping the traveler, can not allow him to pass without opposition or demand and then sue for the tolls. The right to charge and collect tolls is not a common-law right, and there is no common-law remedy; but the right and remedy are derived solely from the charter, and if the demand is not made and enforced by stopping the traveler, the right to demand is gone. (Turnpike Co. v. Brown, 2 Penn. 462; Chestnut Hill Turnpike Co. v. Martin, 2…
1Opinion of the Court
JUDGE PRYOR
deliveeed the opinion or the couet.
These several actions were instituted by the Muldraugh’s Hill, Campbellsville & Columbia Turnpike Road Company against Russell & Schooling and Russell, Avritt, &c., to recover a large sum of money alleged to be due the company for tolls. The appellants ran daily stage-coaches and other *309conveyances over appellee’s road for a number of years. A portion of the time they paid at the rate of $1,200 per annum, the sum being finally reduced, by order of the directors, to $800 per annum. This sum the appellants refused to pay, for the reason, as is…
2Cases cited1 opinion
- Lexington & Georgetown Turnpike Road Co. v. ReddCourt of Appeals of Kentucky · 1841
3Cited by6 opinions
- Grimes v. Central Life InsuranceCourt of Appeals of Kentucky · 1916
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
- Ohio Valley Fire & Marine Insurance v. WashCourt of Appeals of Kentucky · 1924
- Singletary v. Boerner-Morris Candy Co.Court of Appeals of Kentucky · 1908
- Sowle Mfg. Co. v. BernardCourt of Appeals of Kentucky · 1897
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