Baltimore & Harford Turnpike Co. v. Garrett

Alvey, J., delivered the opinion of the Court. This case was tried in the Court below on an agreed statement of facts, and the sole question raised depends upon the construction of the 30th section of the Act of ⁷² 1812, cli. 78, which, by the Act of 1818, ch. 50, was made to regulate the appellant’s right to exact toll of passengers, who live on or adjacent to the road, and within three miles of any of the gates or turnpikes. The section reads thus: “ That it shall not be lawful for the said company to ask, demand, or receive of or from any person or persons living on or adjacent to the said road, within three miles of any of the said gates or turnpikes, any toll for passing the said gate more than once in tWenty-four hours.” It is admitted that the appellee lives on or adjacent to the appellant’s road, and within three miles of one of the gates; and the question is, can he be required to pay toll at that particular gate more than once in twenty-four hours ? This question, we think, upon the broad and unqualified terms of the statute, must be answered in the negative.

It is insisted by the appellant that it is entitled to charge those living on or adjacent to the road, and within three miles of a gate, one full toll in each twenty-four hours, for each separate wagon or vehicle of such persons passing through the gate; and supposable