Lancaster Turnpike Co. v. Rogers
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. Dec. 30. — The plaintiff erected a toll-house about 1809, extending five feet on land, (now owned by defendant under several mesne conveyances from the then owner,) under parol agreement for use of the road toll free in consideration thereof. The defendant continued to use the road, toll free, until she removed the house, (March, 1843,) which was the trespass complained of.
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Error to the Common Pleas of Chester county. Dec. 30. — The plaintiff erected a toll-house about 1809, extending five feet on land, (now owned by defendant under several mesne conveyances from the then owner,) under parol agreement for use of the road toll free in consideration thereof. The defendant continued to use the road, toll free, until she removed the house, (March, 1843,) which was the trespass complained of. In 1839, the gate was removed to another place; the house locked up, and taken charge of by plaintiff. Defendant entered it and used it for other purposes during the removal. In…
1Opinion of the CourtBurnside, J.
— The act of the 9th of April, 1792,3 Smith’s Laws, 83, authorized the incorporation of a company for making an artificial road from the city of Philadelphia to the borough of Lancaster. The company had power to erect gates, and appoint collectors on the road. All our subsequent turnpike acts are substantially copied from the act of the 9th April, 1792, relating to the Lancaster turnpike. The case of the Ridge Turnpike v. Stoever settles the right of turnpike companies generally to erect toll-houses at their gates, for the accommodation of their toll gatherers. 2 Watts & Serg. 548. This right…
2Cases cited1 opinion
- Ridge Turnpike v. StoeverSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897
- Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
- Norfolk Southern Railway Co. v. Pittsburgh & West Virginia RailroadDistrict Court, W.D. Pennsylvania · 2015
- Norwood Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904
- Papco, Inc. v. United StatesDistrict Court, W.D. Pennsylvania · 2011
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