Talcott Mountain Turnpike Co. v. Marshall
Supreme Court of Connecticut
This was an action of assumpsit to recover tolls for the passing on the road of the plaintiffs of “ a certain travelling four-wheeled pleasure carriage and horses” from the 1st of Jan. uary, 1835, to the 28th of July, 1835. In May, 1798, the plaintiffs were incorporated for the purpose of establishing and keeping in repair a turnpike road from the West line of the city of Hartford, through the towns of Farmington and Simsbury, [now Avon and Canton,] to the dwelling-house of…
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This was an action of assumpsit to recover tolls for the passing on the road of the plaintiffs of “ a certain travelling four-wheeled pleasure carriage and horses” from the 1st of Jan. uary, 1835, to the 28th of July, 1835. In May, 1798, the plaintiffs were incorporated for the purpose of establishing and keeping in repair a turnpike road from the West line of the city of Hartford, through the towns of Farmington and Simsbury, [now Avon and Canton,] to the dwelling-house of Eldad Shepard, in New-Hartford. The charter gave the plaintiffs the general powers usually granted to turnpike companies…
1Opinion of the CourtHuntington, J.
The charter of incorporation, which, by the agreement of the parties, is made a part of the case, authorizes the plaintiffs to demand and receive these among other tolls: “ For every four-wheeled travelling pleasure carriage, and horses, 25 cents.” [For other tolls, see the statement of the case, ante, p. 186.]
The carriage used by the defendants, and for which payment *190of toll is demanded, is described in the case stated, as “ a vehicle on four wheels, drawn by four horses, known and called by the name of the stage, or stage coach, constructed and used as is the common travelling stage coach…
2Cases cited3 opinions
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- Alsop v. NicholsSupreme Court of Connecticut · 1832
3Cited by3 opinions
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Eureka Fire & Marine Insurance v. BaldwinOhio Supreme Court · 1900