Cleaveland v. Ware
Massachusetts Supreme Judicial Court
Tort by the plaintiff as treasurer of the Salem Turnpike and Chelsea Bridge Corporation for a fine alleged to have been incurred by the defendant, under § 10 of the charter of that company, St. of 1801, c. 63, for forcibly passing a toll-gate. Answer, that the defendant was travelling on his own land5 and had a right to pass the gate toll-free.
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Tort by the plaintiff as treasurer of the Salem Turnpike and Chelsea Bridge Corporation for a fine alleged to have been incurred by the defendant, under § 10 of the charter of that company, St. of 1801, c. 63, for forcibly passing a toll-gate. Answer, that the defendant was travelling on his own land5 and had a right to pass the gate toll-free. At the trial in the superior court, before Ames, C. J., it appeared that the turnpike was laid out and constructed across a farm in Salem, which extended both above and below a toll-gate and at the time the turnpike was built belonged to persons from…
1Opinion of the CourtHoar, J.
The charter of the Salem Turnpike and Chelsea Bridge Corporation, by whose treasurer, and to whose use, this suit is brought, is the statute of March 6, 1802. It gave the corporation the right to purchase or take lands for laying out and maintaining its road; gave to it the franchise of erecting a toll-gate and receiving a fixed rate of toll; and imposed upon every person who should forcibly pass, or attempt to pass by force, the toll-gate, without first having paid the legal toll at such gate, a forfeiture of not exceeding fifty dollars and not less *412than ten dollars, to be recovered by the…
2Cited by2 opinions
- Patton v. StateSupreme Court of Arkansas · 1887
- Burnquist v. CookSupreme Court of Minnesota · 1945