Van Buren v. Wylie

The defendant was a gate-keeper on a gravel road, and was sued for penalties under How. Stat. § 363ff for exacting “more toll than by law he is authorized to collect.” The claim of the plaintiff was that he was not liable to any toll at all '.first, because the road was not in such condition as to justify the collection of any toll; and second,. because the plaintiff at^he time was merely passing through, the gate in going from one part of his farm to another.

If the facts were as plaintiff claims, I do not think the statute applies. The penalty given by the statute is given for taking…