Griffen v. House
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. House 1 J brought an action of assumpsit against Griffeh, in the Court below, to recover back money demanded and received of him by G. a toll-gatherer at the easternmost turnpike gate, on the Columbia turnpike road, on the ground that the toll was illegally exacted, in consequence of the gate having been erected at the place where it stands, illegally, and without any authority for that purpose.
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IN ERROR, on certiorari to a justice’s court. House 1 J brought an action of assumpsit against Griffeh, in the Court below, to recover back money demanded and received of him by G. a toll-gatherer at the easternmost turnpike gate, on the Columbia turnpike road, on the ground that the toll was illegally exacted, in consequence of the gate having been erected at the place where it stands, illegally, and without any authority for that purpose. By the third sec-J ** 1 1 . J tion of the “ act to amend an act, entitled an act to esta- , ... . , , blish a turnpike corporation lor improving the road…
1Per curiam
It was undoubtedly intended by the legis-]ature t0 vest jn the president and directors of the company some discretion, in fixing the easterly gate ; but it was tobe near the Massachusetts line. This is a relative term, and regard must be had, in construing the act, to the length of the road, which is about twenty miles. In the case of the People v. Denslow, (1 Caines, 180.) this court decided, that a gate placed at the distance of eight chains and fifteen links from the house oí John Van Hoesen, was a legal exercise of the power granted by this act requiring such gate to be near his house.…
2Cases cited1 opinion
- People v. DenslowNew York Supreme Court · 1803
3Cited by6 opinions
- Snell v. City of ChicagoIllinois Supreme Court · 1890
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- Mississippi & Tennessee Railroad v. DevaneyMississippi Supreme Court · 1869
- People ex rel. Attorney-General v. ScannellCalifornia Supreme Court · 1857
- People ex rel. Kipp v. FingerNew York Supreme Court · 1854
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