State v. Norwalk & Danbury Turnpike Co.
Supreme Court of Connecticut
This was an information, in the nature of a quo war- ^ ap-orney for the state, against The Norwalk and Danbury Turnpike Company, alleging, That the defendants, on the 11th of November, 1831, without any warrant or grant whatsoever, did, with intent to take toll of persons travelling upon the great market road from Danbury to Saugatuck, usurp the franchise of erecting, and, under colour and pretext of such usurped franchise, did erect, a toll-gate and fence on and across said…
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This was an information, in the nature of a quo war- ^ ap-orney for the state, against The Norwalk and Danbury Turnpike Company, alleging, That the defendants, on the 11th of November, 1831, without any warrant or grant whatsoever, did, with intent to take toll of persons travelling upon the great market road from Danbury to Saugatuck, usurp the franchise of erecting, and, under colour and pretext of such usurped franchise, did erect, a toll-gate and fence on and across said highway, at a certain place Northerly of and above the intersection of said highway with the road of the defendants,…
1Opinion of the CourtWilliams, J.
This is an information in nature of a quo warranto, against the defendants, for erecting a turnpike gate on their road near Mrs. Benedict's, and North of TJmpawaug Hill. The facts are found in a special verdict; and the questions of law reserved. The defendants justify, 1. by the words of their charter; 2. by the construction which long usage and acquiescence have furnished ; 3. by the act of 1832, incorporating the Simpaug Turnpike Company.
The first inquiry is, does the act of incorporation authorize the location of the gate in this place l
The charter empowers the proprietors to erect and…
2Cited by14 opinions
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