Bear-Camp-River-Co. v. Woodman
Supreme Judicial Court of Maine
Assumpsit for tolls upon defendant’s logs which had passed down the Bear-Camp-River, in the State of New Hampshire, in which State the plaintiffs were erected into a corporation.
Read the full summary
Assumpsit for tolls upon defendant’s logs which had passed down the Bear-Camp-River, in the State of New Hampshire, in which State the plaintiffs were erected into a corporation. By the act of incorporation the plaintiffs had the exclusive right to remove from that river all obstacles to the free passage of mill-logs and lumber; and to “ demand and recover” of the owners a toll of one cent and a half for each log, &c. and to stop and detain such logs, &c. till the toll should be paid. And the act was to be void at the end of one year, if the river should not, within that time, be cleared of…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court as follows.
Three objections are urged against the correctness of the opinion and instructions of the Judge who tried this cause in the Court of Common Pleas. The first is, that by the act of incorporation the plaintiffs are not entitled to any action for the toll by law established ; becausé the company are authorised to stop and detain logs and lumber till the toll shall have been •paid. But the same section provides that the toll may be “ demanded and recovered” by said company. The right to detain is only an- additional security and remedy. In…
2Cited by3 opinions
- People ex rel. Sabichi v. Los Angeles Electric Railway Co.California Supreme Court · 1891
- Jones v. KnutsonSupreme Court of Iowa · 1931
- Society Perun v. ClevelandOhio Supreme Court · 1885