18 Johns. 128
Decided May 15, 1820
New York Supreme Court · decided 1820-05-15
IN ERROR, on certiorari, to a Justice’s Court. Moore brought an action against Moss, for the penalty for exacting excessive toll, imposéd by the act to establish a turnpike road company, &c. called the Senecp Turnpike Road C’ompany, passed April 1st, 1800, (2 K. & R ed. L. 412. 423. sess. 23. ch. 78. s. II.) The eleventh section of the ac*> 'n fixing the rates of toll, says, that “ every waggon wi{h ¿w0 /¿orses,” shall pay twelve and an half cents: every 1 * * * J “ one…
Cited by 1 later decisions — most recently January 1899
1 state decisions
Cited in Abbott (1879)’s definition of “Wagon” · Anderson (1889)’s definition of “Waive”
Good law ✅— No negative treatment on recordhow we know
Decided 1820-05-15
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¶1We are clearly of opinion, that the judgment in this case was wrong. The one horse waggon in which the plaintiff was riding, was a “ pleasure carriage,’5 within the meaning of the act. If it was not, it was not liable to pay any toll; for it was not a “ one horse cart.5’ The judgment must be reversed.
¶2Judgment reversed.