McAllister v. Albion Plank Road Co.
New York Supreme Court
The commissioners of highways of the town of Gaines in the county of Orleans, on previous notice to the appellant, made application to the county court of said county, on the first Monday of January, 1851, for an order to alter or change the location of the toll-gate of said appellant, in pursuance of section 37 of the act of 1847 for the incorporation of plank road and turnpike road companies.
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The commissioners of highways of the town of Gaines in the county of Orleans, on previous notice to the appellant, made application to the county court of said county, on the first Monday of January, 1851, for an order to alter or change the location of the toll-gate of said appellant, in pursuance of section 37 of the act of 1847 for the incorporation of plank road and turnpike road companies. (Laws of 1847, p. 216.) That section provides that “ The commissioners of any town in which a toll-gate may he located on any such road, or in an adjoining town, whenever they, or a majority of them,…
1Opinion of the Court
By the Court,
Taggart, P. J.
The referees have, in their examination of this case, arrived at a conclusion which I think is not warranted by the facts. According to their own finding, it appears that the company so located their gate as to secure not only all of the travel on the Gaines road, on which they constructed their plank road, but also on the Fairhaven road, over which was as much travel as on the Gaines road. I do not regard as of any importance, the travel turning south from the east and west road; but to compel those who have traveled from the east on the ridge road, and from the…
2Cases cited3 opinions
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Stuart v. RichNew York Supreme Court · 1803
- Ex parte Squires v. Broome C .P.New York Supreme Court · 1833
3Cited by1 opinion
- In re of CommissionersNew York Supreme Court · 1853