Goodrich v. Winchester & Deerfield Turnpike Co.

Goodrich filed his complaint against the appellees to enjoin the collection of a tax levied against *120him under the act of March 6,1865, “to allow county commissioners to organize turnpike companies,” &c. Acts 1865, pp. 90—93. The constitutionality of this act is the only question presented by the record.

By the third section it is provided that “ all real estate outside of the corporate limits of any town or city, incorporated as such, three-fourths of a mile each side of the proposed road, shall be taxed to construct the said road, in. proportion to the appraisement of the realty that may be…