Cumberland County NcArchives Court.....Salmon, Vs. Mallett 1811-18
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 13, 2008, 12:13 am

Source: North Carolina Reports
Written: 1811-18

July Term 1818.

SALMON and JORDAN v. MALLETT.

From Cumberland.

When a bridge company entered into certain articles, one of which was that the 
stockholders should have permission to pass toll free, so long as they owned 
stock, it was held, that the wagon of a stockholder had a right, under this 
article, to pass toll free.

A Tollbridge was erected in the town of Fayetteville, by a company who 
associated themselves for that purpose under articles of agreement, 
containing, among others, the following:

"Art. 4. The owners of stock to have permission to pass without any charge of 
toll, so long as they continue possessed of stock in the said company."

The plaintiffs (who were stockholders) leased the bridge from the company, and 
in the lease there was a reservation to stockholders of the privileges secured 
by the original articles of agreement. The defendant was also a stockholder, 
and during the continuance of the lease his wagon crossed the bridge 
frequently, claiming to do so toll free, under the fourth article above set 
forth.

This was a suit brought to recover for the toll of the wagon.

Taylor, C. J. The permission to pass without any charge of toll extends as 
well to the defendant's wagon as to his person. The expression being general 
and in its common acceptation signifying a charge upon horses, carriages and 
cattle, as well as persons, will comprehend all, unless limited and qualified 
by an especial exception. This construction, which seems to be the one 
naturally arising from the terms of the agreement, is justified and supported 
by an ancient rule of law by which it is held that the law respecteth matters 
of profit and interest largely, matters of pleasure, skill, ease, trust, 
authority and limitation strictly. Wingate's Maxims, 99. Thus a license to 
hunt in my park or walk in my orchard extends but to himself, not to his 
servants or others in his company, for it is but a thing of pleasure; 
otherwise, it is of a license to hunt, kill and carry away the deer, for that 
is matter of profit. Ibid. We therefore think the decision in the court below 
was correct.

Additional Comments:
North Caroline Reports, Vol. 6, Cases Argued and Determined in the Supreme 
Court of North Carolina, Reported by A.D. Murphey, Annotated by Walter Clark. 
1811 to 1813, Inclusive and at July Term, 1818. Reprinted by the State. E.M. 
Uzzell and Company, State printers and binders, 1910.

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