Chestnut Hill Turnpike Co. v. Martin
Supreme Court of Pennsylvania
In error from the Common Pleas of Montgomery. Dec. 28. The plaintiff was a turnpike corporation, by its charter authorized “ to erect and fix such and so many gates or turnpikes upon and across the said road as will be sufficient to collect the tolls and duties, and to appoint as many toll-gatherers as they may think proper to collect and receive the tolls, with power to stop any person riding-, &c., from passing through the said gates or turnpikes until they shall have…
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In error from the Common Pleas of Montgomery. Dec. 28. The plaintiff was a turnpike corporation, by its charter authorized “ to erect and fix such and so many gates or turnpikes upon and across the said road as will be sufficient to collect the tolls and duties, and to appoint as many toll-gatherers as they may think proper to collect and receive the tolls, with power to stop any person riding-, &c., from passing through the said gates or turnpikes until they shall have respectively paid the same.” The defendant, who was a captain of volunteers, retoning from a parade, rode to the gate, where…
1Opinion of the Court
*362■Jan. 15.
Bell, J.
This ease is ruled by The Turnpike Co. v. Brown, 2 P. R. 463, from which it is impossible to distinguish it. That decision proceeded upon well-founded considerations of convenience, and is in accordance with the settled principle that where a statute confers a new power or right, and provides a particular mode by which it may be vindicated, no other remedy than that afforded by the statute can be enforced: 7 Vin. 349, tit. Debt, M; Moyer v. Ruby, 14 S. & R. 164; Smith v. Drew, 5 Mass. 514; Henderson v. Darned, 16 Watts, 65. The principle which prohibits a turnpike company,…
2Cases cited3 opinions
- Smith v. DrewMassachusetts Supreme Judicial Court · 1809
- Dorman v. Turnpike Co.Supreme Court of Pennsylvania · 1834
- Hopkins v. StocktonSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Cohen v. SchofieldSupreme Court of Pennsylvania · 1930
- Valley Smokeless Coal Co. v. HagerSupreme Court of Pennsylvania · 1928
- Bankes v. Bankes, Pennsylvania Court of Common Pleas, Schuylkill County1928
- Commonwealth v. Freeman, Pennsylvania Court of Common Pleas, Erie County1932
- Lieberman v. Garbo Amusement Co., Pennsylvania Court of Common Pleas, Delaware County1939
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