Dexter & Limerick Plank Road Co. v. Allen
New York Supreme Court
This was an appeal by the defendant from a judgment of the Jefferson county court. The action was commenced before a justice of the peace.
Read the full summary
This was an appeal by the defendant from a judgment of the Jefferson county court. The action was commenced before a justice of the peace. The plaintiff complained that on the 18th day of May, 1850, the defendant falsely represented himself entitled to exemption from toll on the plaintiffs’ plank road, and thereby passed their gate without payment of toll; and the plaintiff claimed to recover the toll and the penalty of $10; under the act of April 6, 1849, as amended March 16, 1850. The defendant denied the complaint, and claimed a right by law to pass without payment of toll. The. facts as…
1Opinion of the Court
By the Court, Gridley, J.
It cannot be denied that- the judgment in this cause presents a very severe application of the provisions of the plank road act under which'this suit was brought. It is not, however, in our power to relieve the defendant, unless some principle of law has been violated by the jury; provided there was any evidence to establish the facts on which the verdict was founded. Several objections, however, have been urged against the judgment, which depend upon certain alleged errors in law, in the proceedings before the justice, which we will proceed to consider.
-.1. It is…
2Cited by36 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Kiewit Eastern Co., Inc. v. L & R Construction Co., Inc.Court of Appeals for the Third Circuit · 1995
- Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
- Blakemore v. DolanIndiana Supreme Court · 1875
- American Telephone And Telegraph Company v. Ann R. MerryCourt of Appeals for the Second Circuit · 1979
31 more not listed; retrieve them via the Exa API.