President of Great Western Turnpike Co. v. Shafer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The President, Directors and First Company of the Great Western Turnpike Company, from a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 4th day of August, 1899, affirming a judgment rendered by the City Court of Albany dismissing the complaint.
1Opinion of the Court
Kellogg, J.:
' This action was brought to collect tolls for passage through the plaintiff’s toll gate situated at the easterly end of its present turnpike and near the Albany city limits.- -The defendant admits having passed in 1895 with teams hauling ice from the so-called Buell -farm occupied by him, and that-he paid no tolls. The Buell farm is near the toll gate, the dwelling house thereon being within 100 feet of the' gate,, and the gate stands between it and the city. The ice was gathered from a pond on this farm and was stored in a house thereon, and within 400 feet of the gate. The…
2Cases cited1 opinion
- Aurora & B. Plank-Road Co. v. SchrotNew York Supreme Court · 1895
3Cited by4 opinions
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Montgomery v. Futuristic Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Moore v. CoeyWashington Supreme Court · 1903
- President of Great Western Turnpike Co. v. ShaferAppellate Division of the Supreme Court of the State of New York · 1901