Hearsey v. Pruyn
New York Supreme Court
ÍN error, on certiorari from a justice’s court. Pruyn brought an action against Hearsey, before the justice, as a toll-gatherer o£ the bridge of Schenectady, for demanding and taking of the plaintiff toll, over and above what was due, at three several times, to wit, the 13th June, 1309, 6 1-4 cents for one load, the 14th June. cents for three loads, and 15th June, 6 1-4 cents for one load, above the legal toll. 18 3-4 The defendant pleaded the general issue, with notice, and…
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ÍN error, on certiorari from a justice’s court. Pruyn brought an action against Hearsey, before the justice, as a toll-gatherer o£ the bridge of Schenectady, for demanding and taking of the plaintiff toll, over and above what was due, at three several times, to wit, the 13th June, 1309, 6 1-4 cents for one load, the 14th June. cents for three loads, and 15th June, 6 1-4 cents for one load, above the legal toll. 18 3-4 The defendant pleaded the general issue, with notice, and there was a trial by jury. It was proved that Pruyn, in June, 1809, paid Hearsey 12 l-2 cents for passing the bridge…
1Opinion of the CourtSpences, J.
The first section of the act of the 29th of March, 1809, (sess. 32. c. 189.) gives a toll for crossing the bridge, of 12 1-2 cents for every burthen wagon drawn by two horses, &c. The second section declares it to be lawful for the president and directors to mitigate the rates of toll to the inhabitants of the city of Schenectady, passing the bridge on foot, horseback, or in carriages of any description, not loaded, (500 pounds weight, exclusive of passengers, to constitute a load, to be determined by the opinion of the collector,) and also all mail, regular- and extra stages, owned in said…
2Cited by28 opinions
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