New York Supreme Court May 17, 1858 (Fredonia & Sinclearville Plank Road Co. v. Wait)

By the Court, Marvin, J.

The object of the action was to recover several penalties for passing the gate of the plaintiff without paying tolls, under the act of 1855. (Laws of 1855, p. 874, § 3.) The plaintiff proved its organization in 1852; the construction of the plank road; the erection of the gate; and that the defendant passed it without paying toll, &c.