Monterey, Cooper's Plains, Painted Post & Corning Plank Road Co. v. Faulkner
New York Supreme Court
PPEAL from a judgment of the Steuben county court. The action was commenced before a justice of the peace, to recover of the defendant a penalty of $25 for forcibly passing a toll-gate of the plaintiffs. The justice rendered a judgment in favor of the plaintiffs, for the penalty, and costs, and on appeal, the county court reversed the judgment. The plaintiffs appealed to the supreme court.
1Opinion of the Court
By the Court, T. R. Strong, J.
The revised statutes in ■respect to turnpike corporations, (vol. 1, p. 584, § 35,) provide *213that “ each toll-gatherer may detain and prevent from passing through his gate, the persons riding, leading or driving animals or carriages subject to toll, until they shall have paid, respectively, the tolls authorized by law.” By § 64, ib. p. 588, a penalty of $25 is imposed upon every person who shall “ forcibly or fraudulently pass any gate,” on any turnpike road, without having paid the legal toll. These provisions are made applicable to plank road companies, by chap.…
2Cited by1 opinion
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