Seward v. Beach
New York Supreme Court
THIS action was commenced before a justice of the peace of the county of Dutchess, to recover five penalties of $20 each, under the act of March 17, 1857, “relative to a certain highway in the county of Dutchess.” The plaintiff recovered a judgment, before the justice, which was affirmed, on appeal to the county court of Dutchess county, and the defendants appealed to this court.
1Opinion of the Court
By the Court, Brown, J.
By the act of the 17th March, 1857, entitled “ an act relative to a certain highway in- the county of Dutchess,” (a) the legislature have thought fit to prohibit the transportation over the Poughkeepsie and Storm-ville Plank Road of any load of iron or iron ore of more than two tons’ weight, unless it be upon a vehicle with wheels constructed with tire of at least six inches in width. The object is, doubtless, to preserve the road from injury and destruction by enlarging the surface of the wheel in contact with the road, *240when the weight exceeds two tons. The defendants…
2Cited by7 opinions
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- People v. BelknapNew York Supreme Court · 1890
- Thompson v. HoweNew York Supreme Court · 1866
- Palm v. New York, New Haven & Hartford RailroadThe Superior Court of the City of New York and Buffalo · 1892
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