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SCOTT COUNTY ROAD CO. v. STATE EX REL. HINES

No. 52.

215 U.S. 336 (1909)

SCOTT COUNTY MACADAMIZED ROAD COMPANY v. STATE OF MISSOURI EX REL. HINES, PROSECUTING ATTORNEY OF CAPE GIRARDEAU COUNTY.

Supreme Court of United States.

Decided December 20, 1909.

Attorney(s) appearing for the Case

Mr. Edward S. Robert, with whom Mr. Douglas W. Robert and Mr. William L. Becktold were on the brief, for plaintiff in error.

Mr. M.A. Dempsey and Mr. T.D. Hines for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought in pursuance of a statute to enjoin the plaintiff in error from maintaining toll-gates upon a road alleged to be a public highway. The defendant justifies under a charter granted by a special act of February 24, 1853, which contained the following section: "8. The privileges granted in this charter shall continue for fifty years; provided, that...

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