Bonham v. Taylor
Bonham v. Taylor
Opinion of the Court
Section 3 of the act of incorporation under which this company has its legal capacity to receive tolTprovidos, “That the aforesaid company is hereby authorized to ask, demand, and receive from travelers and passengers that may cross the said-
. Section 5 provides, “That the aforesaid company shall, previous to receiving toll, set up and keep, on each margin of said river, near the aforesaid bridge, a post and board, on which shall be printed or painted, in a conspicuous manner, the aforesaid rates of toll,” etc. 17 Ohio Local L. 18. No other parts of this statute are necessarily connected with our present inquiry. This company being a private corporation can exercise no power but such as are expressly given to it by its charter, or such as are necessary to carry into execution those powers conferred by express provision. A corporation is an artificial being, which exists only in legal contemplation. A mere creature of the law, it possesses only those attributes which the act creating it confers, or such as may be implied as essential to its existence. Dartmouth College v. Woodward, 4 Wheat. 518; Comm’rs Gallia Co. v. Holcomb, 7 Ohio, 232, pt. 2. The right to ask, demand, and receive toll is one of its enumerated powers, and as a necessary means to enable it to enjoy this franchise, the power to prevent any person from passing the bridge, liable to the exaction of toll, but refusing to make payment, must, from the necessity of the case, be implied in this corporation. Without this implication, the privileges granted could not with certainty be enjoyed; and it would seem to iollow, that any endeavor to pass the bridge without payment might legally be opposed with such reasonable force as would be necessary to prevent the act. But the defendants do n'ot ^appear to us [110 to exactly occupy this position. By the agreed case it will be seen that the plaintiff had passed the bridge before he was seized by the defendants, and his clothes were injured. Whatever force would be justified by the law to prevent the act, when the bridge was once passed by the plaintiff, the defendants had no other remedy than such as the law would give by action to recover the amount due for toll. The defendants, after the act was done, could not take the measure of justice into their own hands, nor would force to the plaintiff be then justifiable.
But aside from this view of the case, the charter imposes on the company, as a condition precedent to any right to receive toll, the obligation to keep up a board on each margin of the river, near the bridge, on which shall be printed or painted in a conspicuous manner, the rates of toll provided for in the act. Without this
Judgment for the plaintiff.
Reference
- Full Case Name
- Vance P. Bonham v. S. C. Taylor, J. Blickensderfer, and John Hilat, Jr.
- Cited By
- 2 cases
- Status
- Published