Wilmington & Kennet Turnpike Co. v. Boyd

2 Del. 315

• Court: Superior Court of Delaware
• Decided: July 5, 1837
• Status: Published

Opinion

Per Curiam.

The fourteenth section of this company’s charter is designed for the benefit of the public, and to compel the company to keep their road in good order and repair. This inquisition finds, in the words of the law, that the road between certain points is bad. This is sufficient — all that is required by law or by justice.

2d. It does appear that a copy of the inquisition was served on the keeper of one toll-gate. We know not how many there are, but as to that keeper it is good. If there be others not notified, they might continue to take toll notwithstanding the inquisition.

J. A Bayard, for plaintiff in error. Wales, for defendant

3d. It may be proper to remark on another objection, though not taken in the exceptions, that in our opinion the justice is by law the proper person to select the freeholders who are to be inquisitors. It appears by the record that three judicious freeholders have been summoned, and we hold that to be sufficient. By analogy to all other proceedings by a justice of the peace and freeholders, the justice should select them, and there is nothing in this law to prohibit him.

Judgment affirmed.