President, Directors, & Company of Croton Turnpike Road v. Ryder
New York Court of Chancery
THE bill, in this case, charged, that the plaintiffs were incorporated by the act of the 6th of April, 1807, for the purpose of making a turnpike road from the house of Thomas B. Sears, in the town of South East, to the meeting house in Stephentozon, under the regulations of the general act relative to turnpike companies, passed the 13th of March, 1807; and that, by a supplementary act, passed the 18th of March, 1808, in favour of the plaintiffs, they were authorized to…
Read the full summary
THE bill, in this case, charged, that the plaintiffs were incorporated by the act of the 6th of April, 1807, for the purpose of making a turnpike road from the house of Thomas B. Sears, in the town of South East, to the meeting house in Stephentozon, under the regulations of the general act relative to turnpike companies, passed the 13th of March, 1807; and that, by a supplementary act, passed the 18th of March, 1808, in favour of the plaintiffs, they were authorized to extend the road so as to intersect the Highland Turnpike at Mount Pleasant; that the road was laid out, completed,…
1Opinion of the Court
The Chancellor.
The plaintiffs have shown a clear and undisputed right, by statute, to the taking of toll at the gates, and for the use of the turnpike road mentioned in the pleadings. They were, likewise, at the commencement of the suit, in the actual possession and exercise of that exclusive right; and the question is, whether the establishment of the open and common road, designated on the map by the figures 1, 2, 3, be not a disturbance of that right, amounting to a private nuisance.
There can be no question as to the right of the plaintiffs. It was given to them by the acts of the…
2Cited by10 opinions
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- McRoberts v. WashburneSupreme Court of Minnesota · 1865
- Boston & Lowell Railroad v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1854
- Jersey City Gas Co. v. DwightNew Jersey Court of Chancery · 1878
- Camden Horse-Railroad v. Citizens Coach Co.New Jersey Court of Chancery · 1879
5 more not listed; retrieve them via the Exa API.