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· 9/15/1875

Lincoln Avenue & Niles Centre Gravel Road Co. v. Daum

Citations

  • 79 Ill. 299

Syllabus

<p>Turnpike—toll chargeable only to those passing through toll gates. Where the charter of a turnpike company authorized it to erect toll gates at the end of every two miles of its road, and to collect toll at such toll gates at not to exceed certain specified rates per mile, and to stop and detain persons using the turnpike, at the toll gates, until they paid the toll, it was held, that every traveler who passed a toll gate should be assumed to have traveled the number of miles that the next toll gate in the direction whence he came was distant, and should be chargeable with toll for that distance, and that a person traveling on the road for some distance between toll gates, and turning into another road before reaching a toll gate, in good faith, and not for the purpose of passing by a toll gate, is not chargeable with toll.</p>

Judges: Scholeield

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