Corporations
The President and Directors of the New-Windsor Turnpike Road against Wilson
3 Cai. 127·New York Supreme Court of Judicature·1805·NY
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Opinion
The President and Directors of the New-Windsor Turnpike Road against Wilson.
ALBANY,
August, 1805.
The court will not change the venue in a turnpike cause, on an affidavit stating the dispositions of the county to be unfavourable to turnpikes, though it may be a good reason for applying for a struck jury.
FISK, in an action for running a road parallel to that of the corporation, in order to draw off and injure the toll, moved to change the venue from Orange to New-York, on an affidavit stating, that from the prejudices of the county against turnpike roads, an impartial trial could not be had.
[MAJORITY — Per curiam,]
Per curiam,
stopping Henry. It is impossible to conceive, that in so large a county as Orange, twelve indifferent men can not be obtained to try a cause against an individual, for his sole act. I,n such small counties as Rich mond, where fishery rights are concerned, in which almost the whole community is interested, the general dispositions of the people may warrant the application; but if it be allowed in the present instance, on every turnpike cause we shall have similar requests. Why not go into Dutchess, if it were necessary to take the trial to another county ? The present motion must be denied, though the reason on which it is founded, might be a good reason for asking a struck jury.