In re of Commissioners
New York Supreme Court
The commissioners of highways of the town of Lewiston applied to the county court of Niagara county for the removal of a toll gate on the Lewiston and Niagara Falls plank road. The county court made an order directing the removal of such gate, and from such order the plank road company appealed to this court. Referees were appointed, in pursuance of the act passed July 10, 1851, amending the plank road law.
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The commissioners of highways of the town of Lewiston applied to the county court of Niagara county for the removal of a toll gate on the Lewiston and Niagara Falls plank road. The county court made an order directing the removal of such gate, and from such order the plank road company appealed to this court. Referees were appointed, in pursuance of the act passed July 10, 1851, amending the plank road law. The referee proceeded to view the premises, and made a report in favor of removing the gate, but to .a different place from that designated by the county court.' The commissioners of…
1Opinion of the Court
By the Court, Taggart, J.
The 37th section of the act to provide for .the incorporation of companies to construct plank roads and of companies to construct turnpike roads, passed May 7,1847, provides among other things, that either party may appeal from the order of the county court on the subject of removal of toll gates, to the supreme court, within fifteen days after such order is made, on giving such security as said county judge shall require. And if appealed from, the decision of the supreme court shall be final in the matter. The said county and supreme court may direct the payment of…
2Cases cited1 opinion
- McAllister v. Albion Plank Road Co.New York Supreme Court · 1852