Lewiston Turnpike Co. v. Shasta & Weaverville Wagon Road Co.
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, County of Shasta. The plaintiff demurred to the complaint on the ground that it did not state a cause of action, and the demurrer was overruled. Upon the trial judgment was rendered for the plaintiff, and the defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, C. J.:
The only questions in the case arise upon the demurrer to the complaint. The plaintiff is the owner of a turnpike road leading from Lewiston, in Trinity County, to a certain point where it intersects a public highway in Shasta County, and possesses the right to collect tolls on that turnpike. The defendants have wrongfully placed a toll gate on the public highway, about a half mile from the point of intersection of the public highway with the plaintiff’s turnpike, and have demanded and collected tolls of persons who pass along the highway with their teams,…
2Cases cited7 opinions
- Lansing v. SmithNew York Supreme Court · 1828
- Gay v. WinterCalifornia Supreme Court · 1867
- Squier v. GouldNew York Supreme Court · 1835
- Butler v. KentNew York Supreme Court · 1821
- Stevenson v. SmithCalifornia Supreme Court · 1865
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3Cited by9 opinions
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- McCready v. BullisCalifornia Court of Appeal · 1922
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