Green Mountain Turnpike Co. v. Hemmingway
Supreme Court of Vermont
This was action oj trespass on the case, brought to recover a penally for attempting forcibly to pass a turnpike gate without paying toll. A verdict and judgement passed for the defendant in the county court, and the cause came here upon exceptions taken by the plaintiffs for a misdirection to the jury. The act incorporating the Green Mountain Turnpike Com-1 pany has two provisions upon which the merits of this case depended.
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This was action oj trespass on the case, brought to recover a penally for attempting forcibly to pass a turnpike gate without paying toll. A verdict and judgement passed for the defendant in the county court, and the cause came here upon exceptions taken by the plaintiffs for a misdirection to the jury. The act incorporating the Green Mountain Turnpike Com-1 pany has two provisions upon which the merits of this case depended. In the proviso to the section fixing the amount of tolls, it is declared, “ That no person shall be obliged to pay any toll at either “ of said gates who shall be going…
1Opinion of the CourtRoyce, J.
delivered the opinion of the court. — Two questions arise in this case for the court to determine. 1. If the defendant was entitled to an exemption from the payment of toll, whether he forfeited the penality by forcibly passing the gate, without giving notice of his business and claiming his exemption. 2. Whether from the facts in evidence he really had such exemption.
The first question has been decided by this court in the case cited from 1 Aik. 269, and upon reasons which a majority of us think satisfactory. The penalty in question may be incurred in several different ways, as by…
2Cases cited4 opinions
- Cole v. WendelNew York Supreme Court · 1811
- Conklin v. EltingNew York Supreme Court · 1807
- President of Newburgh & Cochecton Turnpike Co. v. BelknapNew York Supreme Court · 1819
- Barrett & Co. v. Hall & Co.Supreme Court of Vermont · 1826
3Cited by1 opinion
- Bock v. StateIndiana Supreme Court · 1875