Legal Opinion

Attorney General v. Proprietors of Deerfield River Bridge

Massachusetts Supreme Judicial Court

Decided September 15, 1870PublishedCited by 3 opinions

iRFOEMATlOir filed November 17,1868, by the attorney general, at the relation of the selectmen of Deerfield for that year, pursuant to the St. of 1868, e. 294, § 3, representing that the Proprietors of Deerfield River Bridge, under and in pursuance of the St. of 1797, c. 17, by which they were chartered as a corporation, and soon after its enactment and their organization, built a bridge over Deerfield River in the town of Deerfield, opened it for passengers November 14,…

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iRFOEMATlOir filed November 17,1868, by the attorney general, at the relation of the selectmen of Deerfield for that year, pursuant to the St. of 1868, e. 294, § 3, representing that the Proprietors of Deerfield River Bridge, under and in pursuance of the St. of 1797, c. 17, by which they were chartered as a corporation, and soon after its enactment and their organization, built a bridge over Deerfield River in the town of Deerfield, opened it for passengers November 14, 1798, and maintained it from that date until November 14, 1868, collecting and receiving meanwhile tolls granted by the…

1Opinion of the CourtGray, J.

The principal difficulty in this case has arisen out of the fact that the legislature, in the St. of 1868, o. 294, seems to have assumed that the date of the original opening of the bridge for passengers' was the 14th, when in fact it was the 8th of November 1798, and that the term of seventy years, for which tolls were granted and established thereon by the St. of 1797, e. 17, for the benefit of the defendants, accordingly ended on the 14th, instead of the 8th of November 1868. But upon a consideration of the provisions of the two statutes, of the allegations in the information, and of the…

2Cases cited1 opinion

  1. Attorney General v. Tudor Ice Co.Massachusetts Supreme Judicial Court · 1870

3Cited by3 opinions

  1. Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
  2. Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
  3. Wagoner v. WagonerSupreme Court of Missouri · 1924

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