Madison, Watertown, & Milwaukee Plank Road Co. v. Reynolds
Wisconsin Supreme Court
This was an action of debt brought by the defendant in error against the plaintiff in error, originally before a justice of the peace of Milwaukee county, to recover the penalty prescribed by the statute for taking illegal toll. The justice gave judgment in favor of the plaintiff below, for the penalty, with cos^s 5 from which the defendant below appealed to the County Court. In the County Court, the defendant obtained leave and filed a general issue, nihil debet.
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This was an action of debt brought by the defendant in error against the plaintiff in error, originally before a justice of the peace of Milwaukee county, to recover the penalty prescribed by the statute for taking illegal toll. The justice gave judgment in favor of the plaintiff below, for the penalty, with cos^s 5 from which the defendant below appealed to the County Court. In the County Court, the defendant obtained leave and filed a general issue, nihil debet. The cause was X)ecem]3er term, 1853, of said County Court. On the trial the plaintiff proved that at the time mentioned in said…
1Opinion of the Court
By the Court,
Whit on, C. J.
It appears that by an act of the legislature of the territory of Wisconsin, passed on the second day of February,. A. D. 1846, a company was incorporated by the *290name of the “ Lisbon and Milwaukee Plank Road Company.” This company had the power to construct a plank road from a point where the north Madison territorial road crossed the range line divi-fpng rangeg nineteen and twenty, to f.a point within one mile of the Milwaukee river, in the direction of the westward of [Milwaukee village. The company also had the power to “ extend said plank road from said range…
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