Ridge Turnpike v. Stoever
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. ’ This was an action of trespass quare clausum, fregit by Frederick Stoever against the Ridge Turnpike Company, for breaking and entering his close, breaking his fence, cutting down trees, &c. and erecting a stone messuage and privy so as to obstruct the free ingress and egress of the plaintiff, &c. The defendant pleaded not guilty.
Read the full summary
ERROR to the District Court for the city and county of Philadelphia. ’ This was an action of trespass quare clausum, fregit by Frederick Stoever against the Ridge Turnpike Company, for breaking and entering his close, breaking his fence, cutting down trees, &c. and erecting a stone messuage and privy so as to obstruct the free ingress and egress of the plaintiff, &c. The defendant pleaded not guilty. The Ridge Turnpike Company was incorporated by Act of Assembly, passed on the 30th day of March 1811, with authority to occupy the bed of the old road from Vine and Tenth streets to Perkiomen…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
On the principal subject of contest in this case, whether the Turnpike Company, under the Act of the 30th of March 1811, possessed the right to erect toll-houses at their gates for the accommodation of the toll-gatherers, within the space of 50 feet comprised by the lines of the road, we entertain no doubt. We are of opinion, that although not expressly mentioned, it is a power that necessarily flows from the provisions of the Act of incorporation. It is not easy to see how the business of collecting the tolls, and performing other duties…
2Cases cited1 opinion
- Fisher v. CoyleSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Shelbyville & Brandywine Turnpike Co. v. GreenIndiana Supreme Court · 1884
- Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
- Western Pennsylvania Railroad v. JohnstonSupreme Court of Pennsylvania · 1868
- Lancaster Turnpike Co. v. RogersSupreme Court of Pennsylvania · 1845
- Ridge Turnpike Co. v. StoeverSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.