Peru Turnpike Co. v. Town of Peru
Supreme Court of Vermont
Two Petitions brought by the Peru Turnpike Company, a corporation organized under the provision of Chapter 92 of the Acts of 1814, against the selectmen of the town of Peru and the selectmen of the town of Winhall respectively, under P. S. 3835. Heard on the report of commissioners, appointed in accordance with the provisions of P. S. 3836 at the June Term, 1915, Bennington County, Fish, J., presiding. Judgment, accepting the report of the commissioners.
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Two Petitions brought by the Peru Turnpike Company, a corporation organized under the provision of Chapter 92 of the Acts of 1814, against the selectmen of the town of Peru and the selectmen of the town of Winhall respectively, under P. S. 3835. Heard on the report of commissioners, appointed in accordance with the provisions of P. S. 3836 at the June Term, 1915, Bennington County, Fish, J., presiding. Judgment, accepting the report of the commissioners. The petitionees excepted. The petitions were identical and alleged that the petitioner owned and operated a turnpike road extending through…
1Opinion of the CourtPowers, J.
“"Whoever seeks to impose tolls must support his claim by plain words, ’ ’ said the Lord Chief Justice in Portsmouth Bridge Co. v. Nance, 46 E. C. L. 227. This proposition is nothing more than the application of a general rule too firmly established, both in England and America, to admit of question. It was laid down by Chief Justice Marshall in the Dartmouth College Case, 4 Wheat. 518, 4. L. ed. 629, as follows: “A cor-’ poration * * * being the mere creature of the law, * * * possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental…
2Cases cited29 opinions
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- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896
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- National Advertising Company v. CooleySupreme Court of Vermont · 1967
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