SAVIN CONSTRUCTION CO. v. Clarke

The current motor vehicle road toll was first established in New Hampshire by act of the Legislature in 1923. Laws 1923, c. 75; P. L., c. 104. The act under which the defendant seeks to recover tolls of the plaintiff is an amendment of the original act. Laws 1943, c. 65. Like it, it provides for a refund of tolls exacted where the motor fuel upon which the toll was imposed is used “in any way other than in motor vehicles for the purpose of generating power for the propulsion thereof upon the public highways.” Laws 1943, c. 65, s. 16. Three categories of “public highways” are defined by the…