Conklin v. Elting
New York Supreme Court
On certiorari. The defendant in error brought an action of debt against the plaintiff in error, in the court below, to recover the penalty of 25 dollars, given by the 18th section of the “act to establish a turnpike corpora- “ tion for improving and making a road from the west “ line of the town of Salisbury, in the state of Connecticut, “ to the Snsquehannah river, at or near the town of Jeri- “ c/io.”
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On certiorari. The defendant in error brought an action of debt against the plaintiff in error, in the court below, to recover the penalty of 25 dollars, given by the 18th section of the “act to establish a turnpike corpora- “ tion for improving and making a road from the west “ line of the town of Salisbury, in the state of Connecticut, “ to the Snsquehannah river, at or near the town of Jeri- “ c/io.” The act declares, “ that if any toll-gatherer shall “ unreasonably delay or hinder any traveller or passenger at “ any of the gates, or shall demand or receive more toll “ than is by the act…
1Opinion of the CourtThompson, J.
From the testimony stated in the return to the certiorari, I am inclined to think, that the plaintiff below was a person entitled to pass through the gate toll free, but that his case is not within the 13th section of the act; and so as to subject the toll-gather to the penalty. This section appears to me to relate to the delay or hindrance of persons who are bound to pay toll. They are denominated travellers or passengers, and the penalty is for unreasonably delaying them. This would seem to imply a right to delay them a reasonable time, and until the toll was paid. Rut if the section…
2Cited by5 opinions
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