President of the New-Windsor Turnpike Road v. Wilson
New York Supreme Court
FISK, in an action for running a road parallel to that of the corporation, in order to draw off and injure the toll, moved to change the venue from Orange to New-York, on an affidavit stating, that from the prejudices of the county against turnpike roads, an impartial trial could not be had.
1Opinion of the Court
Per curiam,
stopping Henry. It is impossible to conceive, that in so large a county as Orange, twelve indifferent men can not be obtained to try a cause against an individual, for his sole act. I,n such small counties as Rich*128mond, where fishery rights are concerned, in which almost the whole community is interested, the general dispositions of the people may warrant the application; but if it be allowed in the present instance, on every turnpike cause we shall have similar requests. Why not go into Dutchess, if it were necessary to take the trial to another county ? The present motion must be…
2Cited by2 opinions
- Cochecho Railroad v. FarringtonSuperior Court of New Hampshire · 1853
- Murray v. New Jersey Railroad & Transportation Co.Supreme Court of New Jersey · 1850