16 Johns. 73
Decided January 15, 1819
New York Supreme Court · decided 1819-01-15
IN ERROR, on certiorari to a Justice’s Court. The defendant in error brought an action in the Court below against the plaintiff in error, who was a toll-gatherer at one of the gates of the New Windsor and Cornwall turnpike road, for stopping and demanding toll of his son while returning from the mill with his team, and not letting him pass until he paid the toll.
Cited by 2 later decisions — most recently April 1885
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1819-01-15
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¶1The only question is, whether the penalty was incurred or not. The case of Conkling v. Elting (2 Johns. Rep. 410.) is in point, that the 9th section of the act relative to turnpikes, (1 N.R. L. 234.) does not apply, or inflict a penalty, where toll is demanded of a person entitled to an exemption from paying it. It applies only to the hindering or delaying travellers and passengers bound to pay toll, or for taking more toll than the law allows.
¶2Judgment reversed.