Rambo v. Wilmington & Philadelphia Turnpike Co.

1 Del. 116

• Court: Superior Court of Delaware
• Decided: July 5, 1832
• Status: Published

Opinion

The Court

were of opinion on a construction of the acts of assembly in relation to this turnpike company, that an individual had no right to commute for the use of apart only of the road. The act of incorporation provides for “an annual contract for the use of the said road,” and entitles the commutant “to all the benefits of the same” for one dollar per mile; and if this sum is considered unreasonable or disproportionate to the number of the commutant’s family “and their use of the said road,” ample provision is made for reducing the rate to a sum proportioned to the use of the road as well in extent as the frequency of the travelling. No injustice, therefore, can be done to a commutant who ordinarily uses but a small portion of the road, by requiring him to contract for the privilege of the whole road; and such seems to be the proper meaning of the law.

Plaintiff nonsuited.