Murfin v. Detroit & Erin Plank-Road Co.

This is an action brought against a toll-road company for stopping the plaintiff at defendant’s toll-gate, and preventing him from proceeding to ride a bicycle upon its road without the payment of toll. The case was tried before the court without a jury, and judgment was rendered in favor of the plaintiff.

The only question submitted is that of the right of the defendant to charge toll for the use of its road by persons riding bicycles. The rights of the defendant are statutory, and its right to charge toll is to be determined by section 3582, 1 How. Stat., viz.:

“Whenever any such company…