Centre Turnpike Co. v. Smith
Supreme Court of Vermont
Assumpsit, to recover toll of the defendant for passing the gate on the plaintiffs’ turnpike, in Hancock. Plea, non-assumpsit, and trial by the court.
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Assumpsit, to recover toll of the defendant for passing the gate on the plaintiffs’ turnpike, in Hancock. Plea, non-assumpsit, and trial by the court. Upon the trial, in the county court, the plaintiffs introduced the keeper of said toll gate, as a witness, who testified that the defendant passed said gate seventy times, during the spring, summer and fall of 1838, by the permission of the witness, the defendant, at the time, claiming that he was exempt from paying toll and denying any liability, on his part, to pay toll. The witness further testified that the defendant had never, since…
1Opinion of the Court
The opinion of the court was delivered by,
Redfield, J.
— In this action the plaintiff seeks to recover, in assumpsit, for tolls due the company, from the defendant, for passing their gate. It is admitted the defendant was allowed to pass the gate by the toll-gatherer, under a claim of exemption from liability to pay toll, by reason of his being a physician and being, at the several times of passing the gate, on the business of visiting his patients in his ordinary ride. This exemption is claimed under that provision, in the charter of the company, which exonerates those persons from paying…
2Cases cited1 opinion
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
3Cited by7 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Beckwith v. Guy Frisbie & SonsSupreme Court of Vermont · 1860
- State v. Village of St. JohnsburySupreme Court of Vermont · 1887
- State v. SchenkelMissouri Court of Appeals · 1908
- Stults v. East Brunswick & New Brunswick Turnpike Co.Supreme Court of New Jersey · 1886
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