Monterey, Cooper's Plains, Painted Post & Corning Plank Road Co. v. Chamberlain
New York Court of Appeals
Appeal from judgment of the Supreme Court. The action was by the plaintiffs, a plank road corporation, to recover the penalty given by statute for forcibly passing one of their gates without having paid the legal toll.
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Appeal from judgment of the Supreme Court. The action was by the plaintiffs, a plank road corporation, to recover the penalty given by statute for forcibly passing one of their gates without having paid the legal toll. The trial was had before Mi’. Justice Parker without a jury, at the Schuyler circuit, in December, 1860. On the trial these facts appeared and were substantially found by the judge: The plaintiffs were duly incorporated under and by virtue of the general law of the State, in 1852, and, as such corporation, duly acquired the right to construct, and constructed its plank road,…
1Opinion of the CourtWright, J.
The due organization of the plank road company, the construction and ownership of the road from Monterey to Corning, the non-abandonment or surrender of any portion thereof, or of the corporate franchises, and the forcible passage, by the defendant’s testator,.of one of its established gates, without having paid the legal toll, were conceded facts. To forcibly pass any gate on any turnpike or plank road is an offense, by statute, involving the forfeiture of a fixed pecuniary sum to the corporation injured, in addition to the damages resulting from the wrongful act. The obvious intention and…
2Cited by2 opinions
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