10 N.H. 133 (N.H. 1839), Cheshire Turnpike v. Stevens

Citation:10 N.H. 133
Opinion Judge:GREEN, J.
Party Name:THE CHESHIRE TURNPIKE v. STEVENS & a.
Attorney:Hubbard & Gilchrist, for the plaintiffs. Freeman, for the defendants.
Court:Superior Court of New Hampshire
 
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Page 133

10 N.H. 133 (N.H. 1839)

THE CHESHIRE TURNPIKE

v.

STEVENS & a.

Superior Court of Judicature of New Hampshire.

July, 1839

A turnpike corporation, having by its charter power to erect so many toll gates as may be necessary to collect the tolls, may increase the number of gates originally established by the corporation, and change their situation from time to time, provided the gates are not placed in any position prohibited by the charter.

A town cannot discontinue a highway during pleasure, with a reservation of a right to open it at any time without paying damages. The reservation in such case will be void, and the discontinuance absolute.

If selectmen lay out a highway around a turnpike gate, for the purpose of enabling those who travel along the turnpike road to avoid the payment of tolls, they are liable, in an action on the case, for the damages sustained by the turnpike corporation.

CASE, for opening a passage, or highway, round the plaintiffs' turnpike gate, in Charlestown, on the 13th day of March, 1830, with intent to deprive the plaintiffs of the toll which they would otherwise receive from persons travelling on their turnpike road.

By an act of the legislature, passed on the 13th day of December, 1804, the plaintiffs were authorized to make, and keep in repair, a turnpike road, from Connecticut river, near Charlestown meeting-house, through Charlestown, Langdon and Surry, to the 3rd New-Hampshire Turnpike, near the court-house in Keene.

The act provided that the corporation might erect so many gates or turnpikes, upon and across said road, as might be necessary to collect the tolls, provided that no gate should be erected across any part of said road which was then occupied as a highway.

The plaintiffs organized under said act, and proceeded and built the road.

A meeting of the corporation was held the 7th of September, 1808. The third article in the warrant for said meeting was: "To make such order as they may think proper as to the establishment of turnpike gates." At this meeting the following vote passed, viz.: "Voted, that the third article be referred to the directors."

On the first of October, 1808, two gates were erected, one in Surry, and the other at or near the line of Charlestown and Langdon.

On the 5th of July, 1810, another meeting was held, at which it was voted-- "That the directors establish...

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