Hooker v. Utica & Minden Turnpike Road Co.
New York Supreme Court
Error from the Herkimer common pleas. The turnpike road company sued Hooker in a justice’s court, to recover a penalty of $25, given by the general act relative to turnpike companies, 1 R. L. 234, § 8, the company charging him with digging and tearing up a sluice-way made on the road. The plaintiffs recovered before the justice, and the defendant appealed to the Herkimer common pleas.
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Error from the Herkimer common pleas. The turnpike road company sued Hooker in a justice’s court, to recover a penalty of $25, given by the general act relative to turnpike companies, 1 R. L. 234, § 8, the company charging him with digging and tearing up a sluice-way made on the road. The plaintiffs recovered before the justice, and the defendant appealed to the Herkimer common pleas. On the trial in that eourt the plaintiffs proved their act of incorporation, passed in 1809, authorizing the construction of a turnpike road from the town of Minden, in the county of Montgomery, to Utica, and…
1Opinion of the Court
By the Court,
Nelson J.
It seems to me that if the facts offered to be proved by the defendant had been established on the trial, the plaintiffs would not have been entitled to recover the penalty sued for, within the spirit and meaning of the act. Whatever dormant rights might still have belonged to the company, after having so long abandoned the road, and neglected to keep it in repair and suitable condition for the public use, and after having given it up to the possession and occupation of the owners of the land through which it ran, it would be allowing the company to take advantage of…
2Cited by27 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- In re JohnNew York Supreme Court · 1839
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
- Board of Com'rs v. YoungCourt of Appeals for the Sixth Circuit · 1893
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