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TURNPIKE COMPANY v. THE STATE

70 U.S. 210 (1865)

3 Wall. 210

TURNPIKE COMPANY v. THE STATE.

Supreme Court of United States.

Attorney(s) appearing for the Case

Messrs. Dobbin and Robinson, for the turnpike company, plaintiffs in error.

Messrs. Randall and Poe, contra.

Mr. Justice NELSON delivered the opinion of the court.

The difficulty of the argument in behalf of the turnpike company, and which lies at the foundation of the defence is, that there is no contract in the charter of the turnpike company that prohibited the legislature from authorizing the construction of the rival railroad. No exclusive privileges had been conferred upon it, either in express terms, or by necessary implication...

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