Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 11 ; Reported by the Judges of Said Court, Agreeably to a Statute Law of the State
2012 · 252 pages
2012 · 252 pages
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 Excerpt: ...by this court in the case of the Treasurer 0fthe Roy alt on and Woodstock Turnpike Co. v. Hutchins, decided in March, 1833, and before referred to. If there are any decisions of any of the state courts which conflict with the decision made in the case mentioned, that must govern, unless it was manifestly wrong. In the case of Griffin v.House, 18 Johns. R. 397, the question before the court was not whether the company might remove their gate,and, in the remarks made by the court, they conceded that a gate might be removed if there was a strong and manifest necessity to warrant it. In the case from 5 Conn. R. New series, Stale v. Nortoalk and Danbury Turnpike Co. 163, the court lay stress on the words of the act " to erect and establish gates", &c. It would be very desirable to find the decisions in the courts of the other states agree with ours, and they will always receive a respectful attention, and we should feel a strong disposition to coincide with them, where the same question has been considered and decided, yet we should not overrule an adjudged case in our own courts, because a different decision could be found in the reports of other states. It would not be very surprising if this subject should be viewed differently in different states, but we see nothing at present to change the views which were formerly taken in relation to this turnpike. By the grant the company had a right to make the road between the termini, and erect gates thereon, and demand and receive toll of those who passed them. Every individual had the right to travel on the road without paying anything therefor, unless he was intercepted by a gate. It is so far a public highway, that the company are liable to an indictment for not keeping it in repair, although not exp...
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