Toll-Gate

A gate on a bridge or a turnpike where toll is collected for the right of traveling on them. The right to obstruct a public road by means of a toll-gate and to demand payment of toll for passing must be given by an act of the legislature, — either a general incorporation act or special charter. In the absence of legislation authorizing it, such gate is a public nuisance as is any other purpresture. The maintenance of it may be punished by indictment or prevented by injunction; Wales v. Stetson, 2 Mass. 143, 37 Am. Dec. 39; Maysville & Mt. S. T. Co. v. Ratliff, 85 Ky. 244, 3 S. W. 148; Craig v. People, 47 Ill. 487. The granting of a franchise to construct a turnpike road implies the right to erect toll-gates and collect tolls for the use of the road; Road Co., 5 S. W. 743, 9 Ky. L. Rep. 538; Fowler v. Pratt, 11 Vt. 369; but it has been held that after once locating a gate there is no power to change it, the power of location having been exhausted; Gourley v. Turnpike Co., 104 Tenn. 305, 56 S. W. 855; Griffen v. House, 18 Johns. (N. Y.) 397; Hartford, N. L., W. & T. C. Soc. v. Hosmer, 12 Conn. 361; but this view is criticised as being without either sense or justice; Thomps. Corp. § 5913; the power of location cannot be exercised so as to create a nuisance; Snell v. Buresh, 123 Ill. 151, 13 N. E. 856; and a provision in the charter against the erection of gates within city limits does not require a company to remove gates brought within the limits of a city by subsequent extension thereof; Detroit v. R. Co., 43 Mich. 140, 5 N. W. 275.