Respublica v. Carmalt
Supreme Court of Pennsylvania
Indictment for extortion against the defendant, as a toll gatherer for the Chestnut Hill and Spring House Turnpike Company, for receiving unlawfully from Aaron Keyser 4 cents, to permit him to pass through the gate of the company, with a sled and two horses; whereas no such toll was due to the company, the said Aaron Keyser then and there passing from one part of his farm to the other, along the road of the said company.
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Indictment for extortion against the defendant, as a toll gatherer for the Chestnut Hill and Spring House Turnpike Company, for receiving unlawfully from Aaron Keyser 4 cents, to permit him to pass through the gate of the company, with a sled and two horses; whereas no such toll was due to the company, the said Aaron Keyser then and there passing from one part of his farm to the other, along the road of the said company. This company was incorporated by an act passed 5th March *1804. 6 St. Laws 215. The nth section prescribes 41? -1 certain tolls to be collected and received of all persons,…
1Opinion of the Court
After argument by Messrs. Frazer and Porter for the com*417monwealth, and Mr. T. Ross for the defendant, Yeates, C. J. delivered his opinion to the jury.
Overruled in 2 Binn. 235.
The sole point in dispute is, what is the true meaning of this proviso in the act of March 1806 ? The words are, “when pass“ing from one part of his farm to the other, along the said “road.” Other is a relative term, and therefore it must be read, to the other part of his farm, along the road. Does it then mean of the same farm, or of lands adjoining thereto ; or shall the words be extended to lands distant therefrom,…
2Cases cited1 opinion
- Commonwealth v. CarmaltSupreme Court of Pennsylvania · 1810