Proprietors of the Cornish Bridge v. Fitts
Supreme Court of New Hampshire
Assumpsit,, for tolls. Trial by a referee, who found a verdict for the plaintiff and reported the facts. Transferred without ruling from the November term, 1918, of the superior court by Marble, J. The plaintiff was incorporated by the New Hampshire legislature-in 1795 to construct a toll bridge between Cornish, N. H. and Windsor,. Yt. and to collect certain tolls (as amended in 1796) as follows; “For every foot passenger two Cents for every horse and rider six Cents and a…
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Assumpsit,, for tolls. Trial by a referee, who found a verdict for the plaintiff and reported the facts. Transferred without ruling from the November term, 1918, of the superior court by Marble, J. The plaintiff was incorporated by the New Hampshire legislature-in 1795 to construct a toll bridge between Cornish, N. H. and Windsor,. Yt. and to collect certain tolls (as amended in 1796) as follows; “For every foot passenger two Cents for every horse and rider six Cents and a quarter- — for each horse and Chaise Chair or Sulkey twelve and one half Cents for each Sleigh drawn by one beast eight…
1Opinion of the CourtPeaslee, J.
The defendant claims that for sundry reasons the plaintiff is not entitled to collect from him for his use of its property. It is urged that because this was interstate traffic the state had no power in the premises. But the law is that in this class of cases “the States may act within their respective jurisdictions until Congress sees fit to act.” Port Richmond &c. Ferry Co. v. County, 234 U. S. 317.
Next it is said that the “charter provides that passage shall be free unless an obstruction is maintained.” No such provision has been found in the charter.
Authority from the state of Vermont to…
2Cases cited5 opinions
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Port Richmond & Bergen Point Ferry Co. v. Board of Chosen FreeholdersSupreme Court of the United States · 1914
- Murfin v. Detroit & Erin Plank-Road Co.Michigan Supreme Court · 1897
- Peru Turnpike Co. v. Town of PeruSupreme Court of Vermont · 1917
- Mallory v. Saratoga Lake Bridge Co.New York Supreme Court · 1907
3Cited by1 opinion
- State v. RichardsonSupreme Court of New Hampshire · 1942